[00:00.000 --> 00:12.440]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:12.440 --> 00:13.440]  at thelibertybeat.com.
[00:13.440 --> 00:18.960]  I'm Brian Hagan with your Liberty Beat from Monday, September 22, 2014.
[00:18.960 --> 00:25.240]  Gold opened today at $1,224, silver opened at $18.43, while Bitcoin is trending around
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[00:51.040 --> 00:52.040]  campaign.
[00:52.040 --> 00:56.960]  In the news today, more than 700 infants may have been exposed to tuberculosis at an El
[00:56.960 --> 01:02.320]  Paso hospital over the past year by an employee recently diagnosed with the illness, according
[01:02.320 --> 01:05.320]  to health officials who made the statement on Friday.
[01:05.320 --> 01:09.600]  The employee who worked in the nursery at Providence Memorial Hospital tested positive
[01:09.600 --> 01:14.600]  August 25th and was placed on leave, but she may have exposed infants and about 40 other
[01:14.600 --> 01:20.560]  hospital workers starting in September of 2013, according to Dr. Hector Ocaranza, the
[01:20.560 --> 01:25.680]  health authority for El Paso County.
[01:25.680 --> 01:29.760]  Over the past four years, employees have left positions at the Department of Homeland Security
[01:29.760 --> 01:34.160]  at a rate nearly twice as fast as in the federal government overall.
[01:34.160 --> 01:39.640]  That's according to a recent federal database review that also shows the trend to be accelerating.
[01:39.640 --> 01:44.320]  The departures are a result of what employees widely describe as a dysfunctional work environment,
[01:44.320 --> 01:49.160]  abysmal morale, and the lure of private security companies paying top dollar that have proliferated
[01:49.160 --> 01:55.360]  in Washington since the September 11th, 2001 attacks.
[01:55.360 --> 01:59.200]  Automatic license plate readers have spread across the U.S. as local police departments
[01:59.200 --> 02:02.140]  continue to adopt the controversial technology.
[02:02.140 --> 02:06.800]  In February of 2014, Homeland Security canceled a plan for a national license plate tracking
[02:06.800 --> 02:10.540]  system, leading to wide-ranging policies on the cameras.
[02:10.540 --> 02:13.600]  The cameras can be mounted to traffic lights or police vehicles.
[02:13.600 --> 02:18.160]  Despite the efforts of civil liberties groups, judges have supported law enforcement agencies
[02:18.160 --> 02:22.240]  suppressing details on the hundreds of millions of scans.
[02:22.240 --> 02:26.840]  Support for Liberty Beat comes from Cabo Bob's, southwestern-style burritos, now with two
[02:26.840 --> 02:32.800]  locations in Austin, 500 East Bend White Boulevard and 2828 Rio Grande Boulevard.
[02:32.800 --> 02:35.440]  Find them online, cabobobs.com.
[02:35.440 --> 02:40.460]  And support comes from Sovereign Living, a podcast, blog, and reality show about what
[02:40.460 --> 02:43.520]  it takes to live a voluntary and natural life.
[02:43.520 --> 02:48.000]  Check out the blog at sovereignliving.com and watch episode one of the soon-to-be-released
[02:48.000 --> 02:51.840]  reality show at sovereignliving.tv.
[02:51.840 --> 02:55.880]  This is the Liberty Beat for Monday, September 22, 2014.
[02:55.880 --> 03:02.360]  Check out the website at thelibertybeat.com and like us on Facebook at facebook.com the
[03:02.360 --> 03:18.800]  Liberty Beat.
[03:18.800 --> 03:36.280]  The Liberty Beat is a production of the U.S. Department of State, the U.S. Department of
[03:36.280 --> 03:49.800]  State, and the U.S. Department of State.
[03:49.800 --> 04:18.320]  The Liberty Beat is a production of the U.S. Department of State, the U.S. Department of
[04:18.320 --> 04:41.840]  State, and the U.S. Department of State.
[04:41.840 --> 04:42.840]  All right, folks.
[04:42.840 --> 04:43.840]  Good evening.
[04:43.840 --> 04:50.160]  This is the Monday Night Rule of Law Radio Show, it is September 22, 2014, and this is
[04:50.160 --> 04:51.640]  your host, Eddie Craig.
[04:51.640 --> 04:54.560]  Well, I hope you are sitting down and listening tonight.
[04:54.560 --> 04:59.440]  I posted this scheduled event on the Facebook page, and I hope there's some new listeners
[04:59.440 --> 05:01.000]  out there picking up on this.
[05:01.000 --> 05:07.160]  But I want to talk a little bit about the way the courts are behaving in Texas in relation
[05:07.160 --> 05:15.880]  to the destruction of due process and the complete ignoring of the statutes that are
[05:15.880 --> 05:22.160]  supposed to be binding upon the courts for the purpose of procedure.
[05:22.160 --> 05:30.600]  Now, if you haven't ever had a case in Texas, you will not understand this from this perspective.
[05:30.600 --> 05:35.280]  But if you have, then you've seen this and you can follow along easier.
[05:35.280 --> 05:38.320]  It doesn't mean you won't understand if you've never had one.
[05:38.320 --> 05:43.200]  But until you've actually experienced what I'm about to talk about, you won't understand
[05:43.200 --> 05:45.800]  the reason that it's such a big deal.
[05:45.800 --> 05:53.960]  Now, in Texas, the judiciary, not the legislature, but the judiciary of their own volition has
[05:53.960 --> 06:02.080]  created a completely unconstitutional and unlawful and illegal doctrine of allowing
[06:02.080 --> 06:10.840]  prosecutions to take place in justice and municipal courts using only a complaint.
[06:10.840 --> 06:17.320]  And that is usually signed by a clerk of the court who is an agent for the judge, which
[06:17.320 --> 06:23.760]  makes the judge the accuser and also the one presiding over the case.
[06:23.760 --> 06:29.360]  It's an agency problem and it's a due process notice problem because even if they swear
[06:29.360 --> 06:34.760]  out a complaint, they never do it before your first appearance in court, which is a violation
[06:34.760 --> 06:40.200]  of 45.018B of the Code of Criminal Procedure.
[06:40.200 --> 06:47.440]  But then they ignore the fact that the courts are acting without jurisdiction because a
[06:47.440 --> 06:54.080]  complaint alone does not grant jurisdiction to a court for a case.
[06:54.080 --> 06:58.840]  And we can prove that not only via the statute, but by the Texas Constitution itself and Article
[06:58.840 --> 07:05.520]  5, Section 12B, where it states very, very clearly that an indictment or information
[07:05.520 --> 07:09.520]  is what invests a court with jurisdiction of a cause.
[07:09.520 --> 07:18.000]  Now, the original case that they cite as the basis for allowing a complaint alone to be
[07:18.000 --> 07:25.360]  used in municipal and justice courts is a case called Ex Parte Greenwood here in Texas.
[07:25.360 --> 07:36.240]  Now, that case says that they can do it, but that case specifically misrepresents the meaning
[07:36.240 --> 07:41.320]  and intent of terms used in both the Texas Constitution and the statutes at large as
[07:41.320 --> 07:44.680]  they existed at the time.
[07:44.680 --> 07:49.620]  I have read that case backwards, forwards, sideways and compared it to the statutes that
[07:49.620 --> 07:56.280]  existed at the time it was written, nowhere in the language of any statute that has ever
[07:56.280 --> 08:08.440]  existed has the phrase by complaint alone ever appeared in a statute outside of 2.05
[08:08.440 --> 08:10.880]  Code of Criminal Procedure.
[08:10.880 --> 08:18.520]  And there it states that that can happen only if the county in which it is, the offenses
[08:18.520 --> 08:23.060]  allegedly occurred, does not have a county attorney.
[08:23.060 --> 08:28.440]  But then that immediately gets shot down by a second qualification that says it can be
[08:28.440 --> 08:38.400]  done only if the county does not have a criminal district court.
[08:38.400 --> 08:41.080]  Now there it does not tell us what that actually means.
[08:41.080 --> 08:47.280]  Does that mean the county does not have a physically located criminal district court
[08:47.280 --> 08:49.600]  within its territorial borders?
[08:49.600 --> 08:54.800]  Or does it mean it's not under the jurisdiction of one?
[08:54.800 --> 08:59.840]  If that's the case, please tell me where this county is so I can move there so the courts
[08:59.840 --> 09:02.120]  can't touch me.
[09:02.120 --> 09:05.800]  Not for felonies anyway, because that's what a criminal district court has jurisdiction
[09:05.800 --> 09:06.800]  over.
[09:06.800 --> 09:11.500]  And if we have a county in Texas that's not under a criminal district court jurisdiction,
[09:11.500 --> 09:15.640]  that means none of the courts in Texas can try you for an offense committed in that county
[09:15.640 --> 09:17.380]  without a change of venue.
[09:17.380 --> 09:21.000]  And they can't get a change of venue so somebody can have jurisdiction.
[09:21.000 --> 09:25.960]  They can only get a change of venue because you can't get a fair trial there versus the
[09:25.960 --> 09:28.720]  issue at hand of no trial there.
[09:28.720 --> 09:34.240]  So as you can see, it becomes very convoluted very quickly when you start looking at all
[09:34.240 --> 09:37.200]  the things that they keep saying you can and cannot do.
[09:37.200 --> 09:41.400]  But the point of what I want to discuss tonight deals specifically with prosecutions based
[09:41.400 --> 09:45.800]  solely upon a complaint without an indictment or information.
[09:45.800 --> 09:50.440]  Now the second thing that the courts have tried to say is that an indictment is not
[09:50.440 --> 09:54.320]  required for anything other than a felony case.
[09:54.320 --> 10:03.640]  They use as their basis for this the changes to Article 1, Section 10 of the Texas Constitution.
[10:03.640 --> 10:12.200]  Now when you look at the change to Article 1, Section 10, you will see that that implementation
[10:12.200 --> 10:16.200]  was last amended in 1918.
[10:16.200 --> 10:19.480]  Now why is that an issue?
[10:19.480 --> 10:25.840]  Well it's an issue because there they created an immediate conflict with Article 5, Section
[10:25.840 --> 10:34.800]  21 where it specifically says that grand juries shall look into misdemeanors and hand down
[10:34.800 --> 10:41.440]  indictments therefore and the district court shall then transfer those misdemeanor indictments
[10:41.440 --> 10:44.920]  to the inferior court having jurisdiction.
[10:44.920 --> 10:46.920]  Now what's the second thing they want to argue?
[10:46.920 --> 10:49.800]  Oh well that only means A and B misdemeanors.
[10:49.800 --> 10:52.880]  It doesn't mean Class C fine only.
[10:52.880 --> 11:03.360]  Well folks I'm about to prove to you that in 1965 which is how many years after 1918,
[11:03.360 --> 11:11.480]  in 1965 the legislature created the passages I'm going to read to you from the Code of
[11:11.480 --> 11:15.400]  Criminal Procedure dealing with indictments and information.
[11:15.400 --> 11:18.720]  This is Chapter 21 of the Code of Criminal Procedure where you're going to find most
[11:18.720 --> 11:20.800]  of the stuff I'm about to read.
[11:20.800 --> 11:29.760]  But when you read it, it very clearly makes this judicial doctrine illegal.
[11:29.760 --> 11:35.520]  It makes it a complete and total violation of the laws of due process under the Code
[11:35.520 --> 11:41.000]  of Criminal Procedure or I should say the statutes regarding due process and the procedure
[11:41.000 --> 11:47.440]  the courts are required to follow in order to provide proper notice and protect the rights
[11:47.440 --> 11:50.640]  of the accused.
[11:50.640 --> 11:55.400]  Now before I start reading off on this and it may take me a segment or two to get through
[11:55.400 --> 12:00.040]  this guys so it may be the bottom of the hour or a quarter till before we actually start
[12:00.040 --> 12:01.040]  taking calls.
[12:01.040 --> 12:04.920]  So if you want to wait to call in until then so you're not on hold all that time that's
[12:04.920 --> 12:11.880]  fine but in the meantime you may be on there for a little while just to let you know.
[12:11.880 --> 12:17.080]  Now I've devised a quote which I restated for Facebook purposes but the quote I came
[12:17.080 --> 12:23.120]  up with in relation to what I'm writing here in this document is this, there is no rule
[12:23.120 --> 12:25.200]  of law.
[12:25.200 --> 12:31.800]  There is only the rule of someone's opinion being substituted for the law.
[12:31.800 --> 12:37.280]  And if you don't believe that you go to court and watch what these judges and these prosecuting
[12:37.280 --> 12:49.040]  attorneys try to do to warp, corrupt, misconstrue, misrepresent and basically twist into an unrecognizable
[12:49.040 --> 12:57.160]  fashion the English language as it exists in legalese that words plainly written do
[12:57.160 --> 13:01.600]  not mean what they actually say.
[13:01.600 --> 13:04.000]  Welcome to the world of being a lawyer.
[13:04.000 --> 13:06.640]  Make a liar out of language.
[13:06.640 --> 13:09.180]  That is the motto of every lawyer.
[13:09.180 --> 13:12.320]  Make a liar out of language.
[13:12.320 --> 13:17.760]  Find a new definition for a term when you don't like the definitions that oppose your
[13:17.760 --> 13:19.600]  position.
[13:19.600 --> 13:21.300]  That's what lawyers do.
[13:21.300 --> 13:24.240]  They corrupt language.
[13:24.240 --> 13:27.360]  They corrupt process.
[13:27.360 --> 13:31.000]  They corrupt justice.
[13:31.000 --> 13:32.560]  That's what a lawyer is good for.
[13:32.560 --> 13:39.080]  If you don't believe that, go watch one of these county or city attorneys operate.
[13:39.080 --> 13:42.800]  Now the judge in question here was the judge of county court at law number eight, Judge
[13:42.800 --> 13:43.800]  Barrera.
[13:43.800 --> 13:50.040]  Judge, I don't understand the law any better than the third grader Barrera.
[13:50.040 --> 13:57.000]  The prosecuting attorney in this case is assistant county attorney Bill Swain, which if you ever
[13:57.000 --> 14:01.520]  want to see a walking phallus with ears, that would be the guy.
[14:01.520 --> 14:09.320]  He is the one that will simply say anything, anything, even if it is completely out of
[14:09.320 --> 14:16.480]  context of what is being argued in opposition, he will say and do anything to convince the
[14:16.480 --> 14:21.520]  court that his is the only position it should listen to.
[14:21.520 --> 14:27.120]  The man doesn't understand anything he reads any better than the judge does because all
[14:27.120 --> 14:32.920]  he can try to do is figure out a way to twist it so he can win.
[14:32.920 --> 14:35.800]  It's not about justice for the accused.
[14:35.800 --> 14:42.040]  It's about him getting his win, regardless of what the statute says, regardless of whose
[14:42.040 --> 14:46.880]  rights gets violated, he doesn't care.
[14:46.880 --> 14:54.040]  That is exactly the position every one of these city and county attorneys are in and
[14:54.040 --> 14:57.920]  where they will place you when given the opportunity.
[14:57.920 --> 15:03.720]  You can't get a fair trial in these courts because it's not designed into the system.
[15:03.720 --> 15:09.080]  And when I start reading what's actually in the statute versus what they actually did
[15:09.080 --> 15:14.000]  in the cases that I've personally witnessed, you're going to see exactly what I mean by
[15:14.000 --> 15:15.000]  that.
[15:15.000 --> 15:17.840]  And it ain't a pretty picture, folks, I promise you.
[15:17.840 --> 15:19.120]  All right.
[15:19.120 --> 15:22.560]  That being said, I'm going to start with what I've got here because I've got about just
[15:22.560 --> 15:26.720]  over a minute and a half left before I go to break in this segment.
[15:26.720 --> 15:31.880]  This is going to be created as a new motion to dismiss relating to no proper charging
[15:31.880 --> 15:33.720]  instrument.
[15:33.720 --> 15:40.320]  And this is a version of what I wrote and filed in a case in Barrera's court and he
[15:40.320 --> 15:47.760]  totally ignored everything in it, even though it shot down every single argument that the
[15:47.760 --> 15:55.760]  county attorney was making and the judge himself was trying to say the law didn't say was required.
[15:55.760 --> 15:58.280]  Yet here it is.
[15:58.280 --> 16:00.720]  So listen carefully.
[16:00.720 --> 16:05.720]  There is no procedure for the setting aside of a criminal complaint as there is for indictments
[16:05.720 --> 16:07.160]  and information.
[16:07.160 --> 16:12.640]  This is pursuant on the setting aside for indictments of information of Articles 2112,
[16:12.640 --> 16:24.520]  20, 21, 22, 23, 27.03, 04, 08, 09, and 10, and 17, Code of Criminal Procedure.
[16:24.520 --> 16:29.760]  Now I'm going to read some of these statutes right after we get back from break.
[16:29.760 --> 16:36.260]  And I want to show you exactly where the constitutional amendment is now in direct conflict not only
[16:36.260 --> 16:42.760]  with another provision of the Constitution, but the controlling statutes on what the judiciary
[16:42.760 --> 16:46.840]  and the prosecution are required to do in a criminal case.
[16:46.840 --> 16:50.640]  We got problems, folks, and they don't care, so we better.
[16:50.640 --> 16:51.640]  We got to get this fixed.
[16:51.640 --> 16:52.640]  All right.
[16:52.640 --> 16:54.640]  We'll be right back after this break.
[16:54.640 --> 17:00.720]  Y'all hang in there.
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[19:36.520 --> 19:42.200]  all right folks we are back this is rule of law radio and i am your host eddie craig
[19:42.200 --> 19:47.560]  now let's get into some of these statutes i want to discuss a little bit about this as we go but
[19:47.560 --> 19:53.400]  i want to read these and remember this is the doctrine set forth by the courts and
[19:53.400 --> 20:00.040]  statements made by the judges in the courts we can prosecute you using just a complaint
[20:00.040 --> 20:04.600]  we are not required to have an indictment we are not required to have an information and the law
[20:04.600 --> 20:10.600]  does not make that so we ignore the constitutional requirements because the statutes don't have them
[20:11.160 --> 20:17.160]  well we're about to prove that doctrine to be completely false and these judges and prosecutors
[20:17.160 --> 20:27.960]  to be complete and total liars listen up article 2.1 21.12 special and general terms now this is
[20:27.960 --> 20:34.280]  all out of the code of criminal procedure when a statute defining any offense uses special or
[20:34.280 --> 20:42.280]  particular terms indictment on it may use the general term which in common language embraces
[20:42.280 --> 20:50.040]  the special term to charge an unlawful sale it is necessary to name the purchaser now without that
[20:50.040 --> 20:57.480]  last sentence let's talk about this one for half a second when they when a statute defines special
[20:57.480 --> 21:06.680]  or particular terms like drive driver operate operator motor vehicle vehicle and so on and so forth
[21:09.720 --> 21:15.640]  if they are going to charge you with that using the common term the common term has to embrace
[21:15.640 --> 21:20.680]  the legal meaning as well as the common meaning that's what this is essentially telling us here
[21:20.680 --> 21:31.480]  well here's the problem as i see it with that if the common meaning were to be embracing the legal
[21:31.480 --> 21:39.240]  meaning then you would not need a definition in the statute for the legal meaning would you
[21:41.800 --> 21:48.280]  so the charging instrument has to use the special terminology if there's a special definition
[21:48.280 --> 21:54.040]  there's a special definition because i don't know of too many common definitions that will embrace
[21:54.040 --> 22:01.640]  the legal one there will be some but when you look at the context of where they're applying
[22:01.640 --> 22:09.080]  that definition for instance let's say driver is a person who operates a motor vehicle well you have
[22:09.080 --> 22:16.200]  to use that definition in its context for it to actually make sense a driver is a person who
[22:16.200 --> 22:21.640]  operates a motor vehicle for the purpose of engaging in transportation because that's the
[22:21.640 --> 22:27.480]  subject matter that's being regulated it's not the operating of a motor vehicle it's the operating
[22:27.480 --> 22:32.760]  of a motor vehicle for the purpose of engaging in transportation because the subject matter
[22:32.760 --> 22:41.480]  is transportation not the individual things under it you get that that's why the code is the
[22:41.480 --> 22:51.400]  transportation code it's not the driver's code it's not the operator's code it is the transportation
[22:51.400 --> 22:59.560]  code that's the subject matter and everything under it is in the context of transportation
[23:00.680 --> 23:06.520]  so keep that in mind that will be important when we start talking about this other stuff now
[23:06.520 --> 23:13.080]  this is what the statutes say are the requisites of an information under 21.21 of the code of
[23:13.080 --> 23:20.120]  criminal procedure an information is sufficient if it has the following requisites it shall
[23:20.120 --> 23:26.040]  commence in the name and by the authority of the state of texas that it are to that it appear to
[23:26.040 --> 23:30.200]  have been presented in a court having jurisdiction of the offense set forth
[23:30.200 --> 23:37.400]  well that's going to create an immediate problem isn't it why well if you go back to article 5
[23:37.400 --> 23:45.160]  section 17 or 21 of the texas constitution the grand jury which is the one that's responsible
[23:45.160 --> 23:51.960]  for what's in the indictment okay or i'm sorry this i'm sorry this is information the prosecuting
[23:51.960 --> 23:56.840]  attorney is the one that's got the information for the indictment it's supposed to be presented
[23:56.840 --> 24:00.520]  in a court having jurisdiction of the offense set forth
[24:02.920 --> 24:09.720]  but the problem is one that isn't happening and two when we get a little further down we're going
[24:09.720 --> 24:17.320]  to find out that the information actually is not submitted to a court it's submitted to the grand
[24:17.320 --> 24:26.760]  jury read 2.04 and 2.05 code of criminal procedure it's not presented to the court it's not presented
[24:26.760 --> 24:32.680]  to the court if it's a felony it's presented to a court only if it's a certain class of misdemeanor
[24:34.200 --> 24:40.200]  okay but again the information is required to be submitted to a court having jurisdiction
[24:41.160 --> 24:45.480]  well in the district courts they're not submitted to the court they're submitted to the grand jury
[24:48.120 --> 24:51.960]  because the grand jury has to have the complaint and the information
[24:51.960 --> 24:59.560]  to get an indictment how do we know this we keep reading three that it appeared to have been
[24:59.560 --> 25:06.520]  presented by the proper officer four that it contained the name of the accused or state that
[25:06.520 --> 25:13.240]  his name is unknown and give a reasonably accurate description of him five it must appear that the
[25:13.240 --> 25:17.240]  place where the offense is charged to have been committed is within the jurisdiction of the court
[25:17.240 --> 25:23.880]  where the information is filed six that the time mentioned be some date anterior to the filing of
[25:23.880 --> 25:30.120]  the information and that the offense does not appear to be barred by limitation seven that the
[25:30.120 --> 25:36.680]  offense be set forth in plain and intelligible words eight that it conclude against the peace
[25:36.680 --> 25:44.120]  and dignity of the state and nine it must be signed by the district or county attorney officially
[25:44.120 --> 25:50.840]  nine goes hand in hand with three that it appeared to have been presented by the proper officer
[25:50.840 --> 25:59.640]  the proper officer being the two that can sign one a county or district attorney okay really that's
[25:59.640 --> 26:11.400]  simple now 21.22 information based upon complaint no information shall be presented until affidavit
[26:11.400 --> 26:16.840]  has been made by some credible person charging the defendant with an offense
[26:17.880 --> 26:24.520]  the affidavit shall be filed with the information it may be sworn to before the district or county
[26:24.520 --> 26:31.160]  attorney who for that purpose shall have power to administer the oath or it may be made before
[26:31.160 --> 26:41.960]  any officer authorized by law to administer oaths article 21.23 rules as to indictment
[26:41.960 --> 26:49.400]  apply to information the rules with respect to allegations in an indictment and the certainty
[26:49.400 --> 26:57.080]  required apply also to an information now you understand that everything is required to be
[26:57.080 --> 27:06.840]  applicable as far as allegations what has to be stated and the certainty of what has to be stated
[27:06.840 --> 27:16.040]  is the same for both indictments and information article 27.03 motion to set aside indictment
[27:16.840 --> 27:22.520]  in addition to any other grounds authorized by law a motion to set aside an indictment or
[27:22.520 --> 27:28.600]  information may be used on the following one that it appears by the records of the court that the
[27:28.600 --> 27:34.440]  indictment was not found by at least nine grand jurors or that the information was not based upon
[27:34.440 --> 27:40.600]  a valid complaint right there is the indication that the grand jurors have to have both the
[27:40.600 --> 27:47.480]  complaint and the information in their hands before an indictment can be had
[27:47.480 --> 27:54.600]  two that some person not authorized by law was present when the grand jury was deliberating upon
[27:54.600 --> 28:02.120]  the accusation against the defendant or was voting upon the same and three that the grand jury was
[28:02.120 --> 28:09.400]  illegally impaneled provided however in order to raise such question on motion to set aside the
[28:09.400 --> 28:14.600]  indictment the defendant must show that he did not have an opportunity to challenge the array
[28:14.600 --> 28:19.880]  did not have an opportunity to challenge the array at the time the grand jury was impaneled
[28:20.760 --> 28:25.480]  folks i don't know of any person that's been given an opportunity to challenge the
[28:26.600 --> 28:34.120]  formation of the grand jury that indicted them i can't think of anybody that i've seen in recent
[28:34.120 --> 28:40.040]  years that was indicted that had the opportunity to know who the grand jurors indicted them were
[28:40.040 --> 28:46.760]  so that they could challenge them they just get indicted so when was this provision ever met
[28:49.080 --> 28:56.040]  all right so 2704 motion tried by judge now remember this is the motion to set aside
[28:56.840 --> 29:02.920]  an issue of fact arising upon a motion to set aside an indictment or information shall be tried
[29:02.920 --> 29:12.760]  by the grant by the judge without a jury 2708 exception to substance of indictment
[29:13.880 --> 29:19.240]  there is no exception to the substance of an indictment or information except one that it
[29:19.240 --> 29:24.280]  does not appear there from that an offense against the law was committed by the defendant
[29:24.280 --> 29:29.480]  two that it appears from the face thereof that a prosecution for the offense is barred by a lapse
[29:29.480 --> 29:35.640]  of time or that the offense was committed after the finding of the indictment i'll continue reading
[29:35.640 --> 29:42.280]  2708 when we get back folks y'all hang in there this is going to get a to be a real interesting
[29:42.280 --> 29:47.640]  discussion here real shortly jonathan i see you there on the board but just remember i'm going
[29:47.640 --> 29:51.720]  to be talking about this for another segment or two so you may be there for a little while you can
[29:51.720 --> 29:56.600]  drop off and call back or you can hang on all right folks this is rule of law radio's monday
[29:56.600 --> 30:03.720]  night show with your host eddie craig y'all hang on do you get jittery without your cell phone or
[30:03.720 --> 30:09.080]  ipod if so you may be suffering from what scientists now call gadget withdrawal i'm
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[33:36.440 --> 33:39.000]  do
[33:43.480 --> 33:50.440]  to come and help me prosecute them wicked leader you see the murderer a liar them telling them a
[33:50.440 --> 33:55.800]  liar not tell sweet stories we don't believe me say what them tell me three percent of america
[33:55.800 --> 34:01.480]  vote for muslim so how the hell you get the presidency that's why me have a warrant for you
[34:01.480 --> 34:12.960]  All right, folks, we are back.
[34:12.960 --> 34:14.520]  This is Rule of Law Radio.
[34:14.520 --> 34:22.840]  All right, I am reading Article 27.08, exception to substance of indictment, number three,
[34:22.840 --> 34:30.000]  that it contains matter which is a legal defense or bar to the prosecution and four, that it
[34:30.000 --> 34:35.240]  shows upon its face that the court trying the case has no jurisdiction thereof.
[34:35.240 --> 34:42.800]  Now, those are the only things that the code says are allowable exceptions to the substance
[34:42.800 --> 34:45.560]  of an indictment.
[34:45.560 --> 34:51.800]  And here in 27.09, exception to form of indictment.
[34:51.800 --> 34:55.520]  Exceptions to the form of an indictment or information may be taken for the following
[34:55.520 --> 35:01.000]  causes only, one, that it does not appear to have been presented in the proper court
[35:01.000 --> 35:11.200]  as required by law, two, the want of any requisite prescribed by Articles 21.02 and 21.21, three,
[35:11.200 --> 35:17.320]  that it was not returned by a lawfully chosen or impaneled grand jury.
[35:17.320 --> 35:18.760]  Huh.
[35:18.760 --> 35:25.600]  Article 27.10, written pleadings, all motions to set aside an indictment or information
[35:25.600 --> 35:30.160]  and all special pleas and exceptions shall be in writing.
[35:30.160 --> 35:34.600]  Article 27.17, plea of not guilty construed.
[35:34.600 --> 35:39.000]  The plea of not guilty shall be construed to be a denial of every material allegation
[35:39.000 --> 35:41.440]  in the indictment or information.
[35:41.440 --> 35:45.960]  Under this plea, evidence to establish the insanity of defendant and every fact whatever
[35:45.960 --> 35:50.680]  tending to acquit him of his accusation may be introduced, except such facts as are proper
[35:50.680 --> 35:54.400]  for a special plea under Article 27.05.
[35:54.400 --> 36:01.200]  Now get this, to be a denial of every material allegation in the indictment or information.
[36:01.200 --> 36:07.440]  Does anyone there hear me reading the word complaint?
[36:07.440 --> 36:12.760]  How do you make a material, a denial of any material allegation in a complaint when there's
[36:12.760 --> 36:18.680]  no statutory procedure for doing so?
[36:18.680 --> 36:23.080]  The only thing you can do that with is a proper charging instrument.
[36:23.080 --> 36:28.320]  You can't deny what's in the complaint, there's no procedure for it.
[36:28.320 --> 36:34.440]  You can only deny what's in the indictment and information, which has to be based upon
[36:34.440 --> 36:38.080]  what's stated in a complaint.
[36:38.080 --> 36:39.160]  See that?
[36:39.160 --> 36:42.880]  All three documents are required.
[36:42.880 --> 36:48.720]  The complaint, to generate an information, to generate an indictment.
[36:48.720 --> 36:49.720]  Get that?
[36:49.720 --> 36:55.320]  Grand jury cannot indict without those two documents, as we read before.
[36:55.320 --> 36:59.240]  But I can hear somebody out there thinking, well, but the argument here is that you don't
[36:59.240 --> 37:04.600]  have to have an indictment in order to get these other things in these lower courts.
[37:04.600 --> 37:09.480]  Well, let's talk about that now, shall we?
[37:09.480 --> 37:16.720]  One of my assertions on this is, no single provision of Article 45.019A, 1 through 7,
[37:16.720 --> 37:22.280]  Code of Criminal Procedure, that is the requisite of a complaint, providing for the form and
[37:22.280 --> 37:28.040]  content of a criminal complaint, complies with the mandatory provisions of Article 21.03
[37:28.040 --> 37:35.640]  and 21.23, Code of Criminal Procedure, requiring that everything should be stated in an indictment
[37:35.640 --> 37:39.920]  or information that is necessary to be proven in a court of law.
[37:39.920 --> 37:43.880]  There is no such requirement for a complaint.
[37:43.880 --> 37:50.280]  They don't have to put everything in there that they're required to prove, and they don't.
[37:50.280 --> 37:51.680]  And how do we know this?
[37:51.680 --> 37:59.800]  Because nowhere in these complaints is there any allegation of an individual being engaged
[37:59.800 --> 38:03.720]  in transportation before they commit a transportation offense.
[38:03.720 --> 38:09.600]  Yet how can you commit a transportation offense unless the state can first prove that you
[38:09.600 --> 38:16.240]  were engaged in the activity to which the offense applies?
[38:16.240 --> 38:22.160]  So since a complaint is not required to have that allegation, they take it entirely upon
[38:22.160 --> 38:28.240]  presumption of law, not because it's a stated element they're required to prove, because
[38:28.240 --> 38:31.220]  only an indictment or information is required to have them.
[38:31.220 --> 38:37.120]  This is the Catch-22 I discussed when I first began doing this show on why a complaint cannot
[38:37.120 --> 38:39.240]  be a charging instrument.
[38:39.240 --> 38:44.500]  It is not required to give proper notice to the accused in a complaint.
[38:44.500 --> 38:46.400]  There's no requirement for it.
[38:46.400 --> 38:53.640]  Thus, it's a due process violation when you do not give full and proper notice to the
[38:53.640 --> 38:59.720]  accused of how they're being accused of committing an offense and what the state has to prove
[38:59.720 --> 39:04.880]  in order to show they did commit the offense.
[39:04.880 --> 39:11.260]  They've short-circuited due process with the complaint right off the bat, and the courts
[39:11.260 --> 39:15.800]  have played along and engineered it to work that way.
[39:15.800 --> 39:19.520]  Let's look at 21.02, Requisites of an Indictment.
[39:19.520 --> 39:28.360]  Now remember, 21.03 or 21.23 said that the same thing has to be in an information that
[39:28.360 --> 39:31.800]  is in these particular portions of an indictment.
[39:31.800 --> 39:33.960]  21.02, Requisites of an Indictment.
[39:33.960 --> 39:37.540]  An indictment shall be deemed sufficient if it has the following requisites.
[39:37.540 --> 39:40.720]  It shall commence in the name and by authority of the state of Texas.
[39:40.720 --> 39:43.840]  It must appear that the same was presented in the district court of the county where
[39:43.840 --> 39:45.940]  the grand jury is in session.
[39:45.940 --> 39:49.620]  It must appear to be the act of a grand jury of the proper county.
[39:49.620 --> 39:53.600]  It must contain the name of the accused or state that his name is unknown and give a
[39:53.600 --> 39:56.120]  reasonably accurate description of him.
[39:56.120 --> 40:00.000]  It must show that the place where the offense was committed is within the jurisdiction of
[40:00.000 --> 40:02.340]  the court in which the indictment is presented.
[40:02.340 --> 40:07.280]  The time mentioned must be some date anterior to the presentment of the indictment and not
[40:07.280 --> 40:11.280]  so remote that the prosecution of the offense is barred by limitation.
[40:11.280 --> 40:14.840]  The offense must be set forth in plain and intelligible words.
[40:14.840 --> 40:18.560]  The indictment must conclude against the peace and dignity of the state.
[40:18.560 --> 40:23.000]  It shall be signed officially by the foreman of the grand jury.
[40:23.000 --> 40:26.800]  21.03, What should be stated?
[40:26.800 --> 40:32.280]  Everything should be stated in an indictment which is necessary to be proved.
[40:32.280 --> 40:35.640]  21.04, The Certainty Required.
[40:35.640 --> 40:41.480]  The certainty required in an indictment is such as will enable the accused to plead the
[40:41.480 --> 40:48.240]  judgment that may be given upon it in bar of any prosecution for the same offense.
[40:48.240 --> 40:53.360]  In other words, it's got to inform you well enough of what you're being charged with that
[40:53.360 --> 41:01.920]  you can plead double jeopardy as a bar to a second prosecution under the same offense.
[41:01.920 --> 41:04.400]  A complaint doesn't do that.
[41:04.400 --> 41:12.440]  Article 2.1.23, Rules as to indictment apply to information.
[41:12.440 --> 41:16.880]  The rules of respect to allegations in an indictment and the certainty required apply
[41:16.880 --> 41:18.400]  also to an information.
[41:18.400 --> 41:21.000]  Remember me reading that a little bit ago?
[41:21.000 --> 41:26.480]  There it is again just for your convenience of knowing it hasn't changed since they passed
[41:26.480 --> 41:29.480]  these other things in the same year.
[41:29.480 --> 41:37.240]  Furthermore, Articles 21, 26, 27, 28, and 29, Code of Criminal Procedure, directly address
[41:37.240 --> 41:46.440]  the transference of cases to inferior courts, plural, after an information has been submitted.
[41:46.440 --> 41:52.720]  And although it specifically addresses only justice courts, the plurality of inferior
[41:52.720 --> 41:56.480]  courts is inferred by the language.
[41:56.480 --> 41:58.480]  Courts is plural there.
[41:58.480 --> 42:04.120]  Therefore, by such plurality and the specific relation of concurrent jurisdiction of the
[42:04.120 --> 42:10.800]  same type and level of a criminal offense, municipal courts are inferred in the plural
[42:10.800 --> 42:17.880]  inferior courts, as both types of courts have criminal jurisdiction only for Class C fine-only
[42:17.880 --> 42:18.880]  offenses.
[42:18.880 --> 42:25.200]  Thus, it is clear legislative intent that a complaint alone is not sufficient to prosecute
[42:25.200 --> 42:31.240]  a criminal case in justice and municipal courts any more than it is in a county or district
[42:31.240 --> 42:32.240]  court.
[42:32.240 --> 42:39.280]  2.1.26, now I've only got about a minute to get this one out, fortunately it's short.
[42:39.280 --> 42:42.080]  Order Transferring Cases.
[42:42.080 --> 42:47.720]  Upon the filing of an indictment in the district court which charges an offense over which
[42:47.720 --> 42:55.080]  such court has no jurisdiction, the judge of such court shall make an order transferring
[42:55.080 --> 43:02.480]  the same to such inferior court as may have jurisdiction, stating in such order the cause
[43:02.480 --> 43:06.840]  transferred and to what court transferred.
[43:06.840 --> 43:12.880]  Now 21.27 is going to be our kicker, our field goal.
[43:12.880 --> 43:17.120]  But since I am 45 seconds from a break, I'm not going to start that one until we get to
[43:17.120 --> 43:21.040]  the other side because this is our meat and potatoes argument.
[43:21.040 --> 43:25.040]  And believe me, they're not going to like it any better.
[43:25.040 --> 43:28.960]  So when we get back off of this upcoming break, I'm going to read that one in detail and have
[43:28.960 --> 43:32.600]  a good discussion over the portions that are about to follow.
[43:32.600 --> 43:36.360]  So folks, y'all hang on there, listen in.
[43:36.360 --> 43:41.600]  This is almost completed, so we should be able to start taking calls sometime within
[43:41.600 --> 43:43.800]  this next segment or immediately thereafter.
[43:43.800 --> 43:51.600]  So if you want to go ahead and start getting on the caller board, 512-646-1984 is the number.
[43:51.600 --> 43:58.560]  Give us a call, get in line, and we will get this wrapped up when we get back.
[43:58.560 --> 44:06.480]  Are you the plaintiff or defendant in a lawsuit?
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[44:54.440 --> 45:02.800]  Please visit ruleoflawradio.com and click on the banner or call toll free, 866-LAW-EZ.
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[46:16.640 --> 46:42.920]  All right, folks, we are back.
[46:42.920 --> 46:44.800]  This is Rule of Law Radio.
[46:44.800 --> 46:46.200]  All right.
[46:46.200 --> 46:47.200]  Here we go.
[46:47.200 --> 46:53.720]  This is the kicker right in the teeth to these judicial morons and these prosecuting snakes
[46:53.720 --> 46:58.360]  that can't read and understand what is clearly written.
[46:58.360 --> 47:03.880]  Article 2.1.27, causes transferred to justice court.
[47:03.880 --> 47:07.240]  Now keep this in mind while I read this.
[47:07.240 --> 47:12.220]  They're telling us that indictments are not required for misdemeanor cases of any level
[47:12.220 --> 47:18.640]  because of the constitutional amendment made to Article 1, Section 10 of the Texas Constitution,
[47:18.640 --> 47:24.160]  which created an immediate and direct conflict with Article 5, Section 21.
[47:24.160 --> 47:32.000]  Now on top of that, we now have an immediate conflict with statutes that were written after
[47:32.000 --> 47:36.240]  the constitutional amendment in 1918.
[47:36.240 --> 47:41.560]  The constitutional amendment changing the requirement for a grand jury indictment was
[47:41.560 --> 47:44.840]  done in 1918.
[47:44.840 --> 47:50.600]  These statutes were done in 1965.
[47:50.600 --> 47:56.680]  Why were these statutes written if they were going to create a conflict for the courts
[47:56.680 --> 48:03.480]  to declare them unconstitutional under the amendment to Article 1, Section 10?
[48:03.480 --> 48:12.080]  Well, we can make the argument that Article 5, Section 21 is why they're in place because
[48:12.080 --> 48:19.000]  that is also a conflict with the change to Article 1, Section 10.
[48:19.000 --> 48:23.840]  Now let's read 21.27.
[48:23.840 --> 48:30.940]  Causes over which justices of the peace have jurisdiction may be transferred to a justice
[48:30.940 --> 48:38.520]  of the peace at the county seat or in the discretion of the judge to a justice of the
[48:38.520 --> 48:45.760]  precinct in which the same can be most conveniently tried as may appear by memorandum endorsed
[48:45.760 --> 48:51.960]  by the grand jury on the indictment or otherwise.
[48:51.960 --> 48:57.680]  If it appears to the judge that the offense has been committed in any incorporated town
[48:57.680 --> 49:06.760]  or city, the cause shall be transferred to a justice in said town or city, if there be
[49:06.760 --> 49:08.920]  one therein.
[49:08.920 --> 49:18.600]  And any justice to whom such case may be transferred shall have jurisdiction to try the same.
[49:18.600 --> 49:20.280]  Now think about that.
[49:20.280 --> 49:24.000]  This is talking specifically about justices of the peace.
[49:24.000 --> 49:29.880]  It talks about who has jurisdiction of an indicted offense within the territorial boundaries
[49:29.880 --> 49:33.880]  of a town or city to a justice of the peace.
[49:33.880 --> 49:38.960]  The term justice there can only be justice of the peace because that's all this section
[49:38.960 --> 49:40.760]  talks about.
[49:40.760 --> 49:50.880]  Therefore, an indicted offense cannot be given to a municipal court, can't be done in compliance
[49:50.880 --> 49:51.880]  with law.
[49:51.880 --> 49:52.880]  Got it?
[49:52.880 --> 49:59.800]  21.28, duty on transfer.
[49:59.800 --> 50:05.520]  The clerk of the court, meaning the justice of the peace court, without delay, I'm sorry
[50:05.520 --> 50:10.960]  of the district court, without delay shall deliver the indictments in all cases transferred
[50:10.960 --> 50:19.200]  together with all the papers relating to each case to the proper court or justice as directed
[50:19.200 --> 50:22.440]  in the order of transfer.
[50:22.440 --> 50:28.320]  And shall accompany each case with a certified copy of all the proceedings taken therein
[50:28.320 --> 50:33.360]  in the district court and with a bill of the cost that have been accrued therein in the
[50:33.360 --> 50:34.960]  district court.
[50:34.960 --> 50:40.200]  The said cost shall be taxed in the court and which said cause is tried in the event
[50:40.200 --> 50:43.360]  of a conviction.
[50:43.360 --> 50:53.240]  Now folks, this is black and white and the judges ignore it.
[50:53.240 --> 51:01.760]  But let's go one more statute down to 21.29 and look at the last thing that puts a nail
[51:01.760 --> 51:05.200]  in the coffin for their argument.
[51:05.200 --> 51:08.520]  Proceedings of inferior court.
[51:08.520 --> 51:13.920]  Any case so transferred shall be entered on the docket of the court to which it is transferred.
[51:13.920 --> 51:18.520]  All process thereon shall be issued and the defendant tried as if the case had originated
[51:18.520 --> 51:21.000]  in the court to which it was transferred.
[51:21.000 --> 51:29.440]  We've got discussion here on the transferring of these cases to justice of the peace courts.
[51:29.440 --> 51:34.520]  There's nothing here about transferring an indictment into a municipal court.
[51:34.520 --> 51:42.600]  But this is proof positive that an indictment is absolutely required for a class C misdemeanor
[51:42.600 --> 51:47.400]  as well as it is any other felony or misdemeanor.
[51:47.400 --> 51:48.680]  Why?
[51:48.680 --> 51:54.520]  Because that is the only criminal jurisdiction a justice of the peace court has.
[51:54.520 --> 51:58.680]  Class C fine only.
[51:58.680 --> 52:04.800]  Why would these statutes dealing with indictments and information be discussing transferring
[52:04.800 --> 52:14.760]  those to a justice court if they were not required to be had in a justice court?
[52:14.760 --> 52:21.560]  How can you be tried in a municipal court when there's no authorization to transfer
[52:21.560 --> 52:26.520]  an indicted case to a municipal court?
[52:26.520 --> 52:32.880]  It has to be transferred to a justice of the peace within the territorial boundaries of
[52:32.880 --> 52:44.840]  the city if there is one, but it cannot be transferred to a municipal court.
[52:44.840 --> 52:50.080]  So right here we have immediate conflicts with parts of chapter 45 dealing with the
[52:50.080 --> 52:56.080]  jurisdiction of municipal courts and justice courts for certain offenses.
[52:56.080 --> 53:02.720]  The only way that you can reconcile chapter 21 and chapter 45 in relation to the municipal
[53:02.720 --> 53:05.480]  courts is this.
[53:05.480 --> 53:11.880]  The municipal court only has jurisdiction of class C fine only offenses that originate
[53:11.880 --> 53:16.800]  under city ordinance for which there cannot be an indictment.
[53:16.800 --> 53:18.620]  But here's the problem.
[53:18.620 --> 53:23.200]  If they're going to make it a misdemeanor, it's a crime.
[53:23.200 --> 53:26.680]  If it's a crime, it requires an indictment.
[53:26.680 --> 53:33.520]  That's exactly what this chapter requires, that a complaint be made, that it be reduced
[53:33.520 --> 53:38.000]  to an information, that the information be submitted to a grand jury for the purpose
[53:38.000 --> 53:40.240]  of indictment.
[53:40.240 --> 53:44.680]  And those indictments are handed back down to the district court who then transfers them
[53:44.680 --> 53:49.200]  to the inferior court having jurisdiction.
[53:49.200 --> 53:56.480]  And these three sections right here deal specifically with justice courts having jurisdiction of
[53:56.480 --> 54:00.720]  those delegates or transferred cases.
[54:00.720 --> 54:06.000]  And their jurisdiction is class C fine only.
[54:06.000 --> 54:12.600]  Now you lawyers out there that may be listening to this as prosecutors or want to be prosecutors
[54:12.600 --> 54:17.760]  or want to be judges that can't understand what's written here in black and white, go
[54:17.760 --> 54:22.400]  suffocate yourselves before you become a burden upon the rest of us, please.
[54:22.400 --> 54:28.520]  Go drown in the bathtub, go hang from the shower rod, I don't care.
[54:28.520 --> 54:36.320]  But how dare you try and convict us of a criminal offense that isn't actually a crime?
[54:36.320 --> 54:41.040]  When you have no jurisdiction to hear the case in the first place because no proper
[54:41.040 --> 54:51.080]  indictment was ever had, you people have corrupted the justice system beyond recognition.
[54:51.080 --> 54:57.880]  The only good thing I can say about any of you that are willing to do this for the status
[54:57.880 --> 55:06.360]  profiteering that it represents is that one day you will be made to pay for your actions.
[55:06.360 --> 55:14.960]  One day enough of the people will wake up and come knocking on your door to show you
[55:14.960 --> 55:18.680]  what it's like to be accountable for your actions.
[55:18.680 --> 55:24.200]  How dare you tell me you have the right to charge me with an offense for some alleged
[55:24.200 --> 55:31.920]  violation of some statute that doesn't apply to me while you ignore the very laws and statutes
[55:31.920 --> 55:40.880]  that protect my rights, and you are committing a crime by doing so with absolute impunity
[55:40.880 --> 55:46.880]  and without fear of repercussion and prosecution for doing it because you're protected by
[55:46.880 --> 55:55.640]  the same cronies that you hope to become.
[55:55.640 --> 55:58.360]  You're despicable if that's your mindset.
[55:58.360 --> 56:02.640]  That's where you're headed and that's what you want to see happen.
[56:02.640 --> 56:05.280]  You're a despicable individual.
[56:05.280 --> 56:11.160]  If you're an attorney out there not railing against this, I can't say anything much better
[56:11.160 --> 56:20.800]  about you because this impacts everybody that gets charged with these stupid, asinine, malum
[56:20.800 --> 56:24.920]  prohibitum alleged offenses.
[56:24.920 --> 56:26.400]  Go to Harvard Law.
[56:26.400 --> 56:33.360]  Ask a Harvard Law professor what the difference between a malum prohibitum offense is and
[56:33.360 --> 56:38.880]  a malum insay offense is, and you know what they're going to tell you?
[56:38.880 --> 56:44.620]  They're going to say, well, a malum insay is a criminal intent to cause a harm to another
[56:44.620 --> 56:49.600]  individual or their property to such a degree as to make it a common law crime, whereas
[56:49.600 --> 56:56.240]  a malum prohibitum is a regulatory infraction.
[56:56.240 --> 56:58.680]  Infraction people, it is not an offense.
[56:58.680 --> 56:59.920]  It is not a misdemeanor.
[56:59.920 --> 57:01.480]  It's not a crime.
[57:01.480 --> 57:02.960]  It is an infraction.
[57:02.960 --> 57:05.680]  It is administrative.
[57:05.680 --> 57:13.440]  You cannot have a malum prohibitum statute be anything other than administrative.
[57:13.440 --> 57:15.280]  Why?
[57:15.280 --> 57:21.120]  Because it is not an offense against someone that can claim to be a victim.
[57:21.120 --> 57:31.080]  It's simply wrong because we say so, not because you have to harm someone to make it happen.
[57:31.080 --> 57:32.880]  That can't be a crime, folks.
[57:32.880 --> 57:38.240]  If you don't believe that, go look up the definition of crime in the Code of Criminal
[57:38.240 --> 57:39.240]  Procedure.
[57:39.240 --> 57:46.120]  In fact, let me see if I can do that here real quick and see what we come up with.
[57:46.120 --> 57:50.800]  Let's see.
[57:50.800 --> 57:57.200]  It's not crime means I'll find it when I get back, but y'all just hang in there.
[57:57.200 --> 57:58.200]  We're about to go to break.
[57:58.200 --> 58:02.600]  But when I get back, I'll have the actual definition of crime or criminal act or whatever
[58:02.600 --> 58:08.680]  it actually is in the code so you can see exactly why none of this.
[58:08.680 --> 58:15.200]  None of this should ever have been allowed to continue once we realized what it was.
[58:15.200 --> 58:22.560]  But my real question is why hasn't those that actually work in law for a living made the
[58:22.560 --> 58:24.400]  effort to find out what it was?
[58:24.400 --> 58:29.400]  Why did it take me, somebody that's got nothing to do with any of this as far as making a
[58:29.400 --> 58:35.120]  living at it or anything else, or people like me to go and actually read this stuff to find
[58:35.120 --> 58:40.840]  out that we're dealing with criminals on a daily basis?
[58:40.840 --> 58:44.920]  And they treat us like we're the ones that are criminals.
[58:44.920 --> 58:46.080]  We'll be right back, folks.
[58:46.080 --> 58:47.080]  Y'all hang in there.
[58:47.080 --> 58:50.320]  This is Rule of Law Radio.
[58:50.320 --> 58:55.720]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.720 --> 58:58.520]  because they struggle to understand it.
[58:58.520 --> 59:03.920]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:03.920 --> 59:07.160]  the profound meaning of the Scripture.
[59:07.160 --> 59:08.880]  Enter the recovery version.
[59:08.880 --> 59:14.840]  First, this new translation is extremely faithful and accurate, but the real story is the more
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[59:23.560 --> 59:28.280]  into the riches of the Word beyond which you've ever experienced before.
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[59:43.880 --> 59:47.960]  or by ordering online at freestudybible.com.
[59:47.960 --> 59:48.960]  That's freestudybible.com.
[59:48.960 --> 59:53.280]  You are listening to the Logos Radio Network, logosradionetwork.com.
[59:53.280 --> 01:00:08.040]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:08.040 --> 01:00:09.800]  at thelibertybeat.com.
[01:00:09.800 --> 01:00:14.520]  I'm Brian Hagan with your Liberty Beat from Monday, September 22, 2014.
[01:00:14.520 --> 01:00:20.840]  Gold opened today at $1,224, silver opened at $18.43, while Bitcoin is trending around
[01:00:20.840 --> 01:00:21.840]  $405.06.
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[01:00:43.200 --> 01:00:46.600]  Political advertisement paid for by the Michael Cargill for Austin City Council District One
[01:00:46.600 --> 01:00:47.600]  campaign.
[01:00:47.600 --> 01:00:52.560]  In the news today, more than 700 infants may have been exposed to tuberculosis at an El
[01:00:52.560 --> 01:00:57.920]  Paso hospital over the past year by an employee recently diagnosed with the illness, according
[01:00:57.920 --> 01:01:00.940]  to health officials who made the statement on Friday.
[01:01:00.940 --> 01:01:05.200]  The employee who worked in the nursery at Providence Memorial Hospital tested positive
[01:01:05.200 --> 01:01:10.200]  August 25th and was placed on leave, but she may have exposed infants and about 40 other
[01:01:10.200 --> 01:01:16.200]  hospital workers starting in September of 2013, according to Dr. Hector Ocaranza, the
[01:01:16.200 --> 01:01:21.280]  health authority for El Paso County.
[01:01:21.280 --> 01:01:25.360]  Over the past four years, employees have left positions at the Department of Homeland Security
[01:01:25.360 --> 01:01:29.760]  at a rate nearly twice as fast as in the federal government overall.
[01:01:29.760 --> 01:01:35.240]  That's according to a recent federal database review that also shows the trend to be accelerating.
[01:01:35.240 --> 01:01:39.840]  The departures are a result of what employees widely describe as a dysfunctional work environment,
[01:01:39.840 --> 01:01:44.760]  abysmal morale, and the lure of private security companies paying top dollar that have proliferated
[01:01:44.760 --> 01:01:50.960]  in Washington since the September 11th, 2001 attacks.
[01:01:50.960 --> 01:01:54.800]  Automatic license plate readers have spread across the U.S. as local police departments
[01:01:54.800 --> 01:01:57.720]  continue to adopt the controversial technology.
[01:01:57.720 --> 01:02:02.400]  In February of 2014, Homeland Security canceled a plan for a national license plate tracking
[01:02:02.400 --> 01:02:06.120]  system, leading to wide-ranging policies on the cameras.
[01:02:06.120 --> 01:02:09.200]  The cameras can be mounted to traffic lights or police vehicles.
[01:02:09.200 --> 01:02:13.760]  Despite the efforts of civil liberties groups, judges have supported law enforcement agencies
[01:02:13.760 --> 01:02:17.840]  suppressing details on the hundreds of millions of scans.
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[01:02:47.360 --> 01:02:51.440]  This is the Liberty Beat for Monday, September 22, 2014.
[01:02:51.440 --> 01:02:57.920]  Check out the website at TheLibertyBeat.com and like us on Facebook at Facebook.com, The
[01:02:57.920 --> 01:03:15.320]  Liberty Beat.
[01:03:15.320 --> 01:03:34.440]  Hi, folks.
[01:03:34.440 --> 01:03:35.440]  We are back.
[01:03:35.440 --> 01:03:37.160]  This is Rule of Law Radio.
[01:03:37.160 --> 01:03:38.160]  All right.
[01:03:38.160 --> 01:03:44.800]  Now, it's not so much that the term crime is defined in the penal code, however, in the
[01:03:44.800 --> 01:03:49.720]  Code of Criminal Procedure, what you want to look at is Article 2807.
[01:03:49.720 --> 01:03:56.240]  Now, Title I of the Code of Criminal Procedure, Chapter 28, Motions, Pleading, and Exceptions.
[01:03:56.240 --> 01:03:59.000]  Now listen to this carefully.
[01:03:59.000 --> 01:04:07.360]  If exception is that no offense is charged, if an exception to an indictment or information
[01:04:07.360 --> 01:04:12.280]  is taken and sustained upon the ground that there is no offense against the law charged
[01:04:12.280 --> 01:04:19.680]  therein, the defendant shall be discharged unless an affidavit be filed accusing him
[01:04:19.680 --> 01:04:23.920]  of the commission of a penal offense.
[01:04:23.920 --> 01:04:28.220]  Well, what is a penal offense?
[01:04:28.220 --> 01:04:31.880]  Is it anything for which you can be punished or is it an offense specifically under the
[01:04:31.880 --> 01:04:35.760]  common law or is it an offense specifically codified in the penal code?
[01:04:35.760 --> 01:04:39.200]  What exactly is the definition of a penal offense?
[01:04:39.200 --> 01:04:47.320]  Well, that, I can't find a specific definition for either within any of our codes.
[01:04:47.320 --> 01:04:50.400]  It doesn't mean it doesn't exist.
[01:04:50.400 --> 01:04:55.960]  It's just our codes are not really great when it comes to searching for things.
[01:04:55.960 --> 01:04:59.200]  Let's see.
[01:04:59.200 --> 01:05:04.400]  See if I can get it to tell me here though, anyway.
[01:05:04.400 --> 01:05:05.400]  Penal offense.
[01:05:05.400 --> 01:05:14.280]  No, it doesn't seem to be anything in here that would give us a definition of a penal
[01:05:14.280 --> 01:05:15.280]  offense.
[01:05:15.280 --> 01:05:19.160]  It uses the term several times, but it doesn't define it.
[01:05:19.160 --> 01:05:24.280]  So if the penal offense is one listed in the penal code, then that means that nothing in
[01:05:24.280 --> 01:05:27.880]  the other codes can be crimes.
[01:05:27.880 --> 01:05:33.680]  If penal offense means anything for which there is a punitive punishment, well, then
[01:05:33.680 --> 01:05:36.680]  they can define anything they want as a crime and make it so.
[01:05:36.680 --> 01:05:41.600]  I mean, let's look at the rights that they have converted into crimes in the transportation
[01:05:41.600 --> 01:05:43.800]  code alone.
[01:05:43.800 --> 01:05:53.520]  Article 521.025, a person commits an offense if he doesn't produce a license upon demand
[01:05:53.520 --> 01:05:59.360]  by a peace officer, or at least that's what they're alleging.
[01:05:59.360 --> 01:06:09.640]  But how can they criminalize the non-production of a document or a piece of information that
[01:06:09.640 --> 01:06:15.640]  is Fifth Amendment and Sixth Amendment protected, or Fourth and Fifth Amendment protected, because
[01:06:15.640 --> 01:06:22.200]  they have no warrant for it and they cannot compel you to provide any information or evidence
[01:06:22.200 --> 01:06:25.840]  that can be used against you in a court of law or that can potentially incriminate you
[01:06:25.840 --> 01:06:27.040]  in any way.
[01:06:27.040 --> 01:06:32.120]  And yet the production of that document can do any and or all of those things.
[01:06:32.120 --> 01:06:38.440]  So what they've done is they've actually criminalized the exercise of your right to remain silent
[01:06:38.440 --> 01:06:45.920]  by what is the requirement of 521.025 to produce that document.
[01:06:45.920 --> 01:06:49.160]  Same thing applies to 601.053.
[01:06:49.160 --> 01:06:53.840]  If you don't produce the information, you're guilty of violating the statute.
[01:06:53.840 --> 01:06:58.400]  That creates three problems right off the bat in violation of due process.
[01:06:58.400 --> 01:07:00.400]  One, it's a Fifth Amendment violation.
[01:07:00.400 --> 01:07:05.000]  You can't be required to produce any information that can be used against you or can potentially
[01:07:05.000 --> 01:07:06.280]  incriminate you.
[01:07:06.280 --> 01:07:09.960]  If the insurance card is expired, it's for the wrong card, doesn't have your name on
[01:07:09.960 --> 01:07:11.200]  it.
[01:07:11.200 --> 01:07:14.920]  Any of those things could lead the officer to charge you with a separate offense, any
[01:07:14.920 --> 01:07:17.160]  of them.
[01:07:17.160 --> 01:07:23.200]  And yet they're charging you for not producing this information, which once again is a violation
[01:07:23.200 --> 01:07:24.360]  of your Fifth Amendment right.
[01:07:24.360 --> 01:07:26.360]  But that's not all.
[01:07:26.360 --> 01:07:36.280]  601.053 specifically states in its language, if the person accused does not produce evidence
[01:07:36.280 --> 01:07:42.840]  that they are innocent of the offense, what it really says is produce evidence of financial
[01:07:42.840 --> 01:07:43.840]  responsibility.
[01:07:43.840 --> 01:07:50.240]  In other words, you have to prove that you had what they're accusing you of not having
[01:07:50.240 --> 01:07:55.960]  or you are presumed to be guilty of this section of statute.
[01:07:55.960 --> 01:07:59.520]  Two due process violations exist right there.
[01:07:59.520 --> 01:08:04.360]  Reversal of the burden of proof, the state no longer has to prove that you didn't have
[01:08:04.360 --> 01:08:14.160]  it, you are now required to prove that you did or the presumption of guilt over innocence
[01:08:14.160 --> 01:08:19.880]  is established in the language, the accused shall be presumed guilty of having violated
[01:08:19.880 --> 01:08:21.440]  this statute.
[01:08:21.440 --> 01:08:27.120]  There are three due process violations in 601.053 of the Texas Transportation Code all
[01:08:27.120 --> 01:08:29.400]  by itself.
[01:08:29.400 --> 01:08:34.840]  This would be true of the production of any information or document under any other provision
[01:08:34.840 --> 01:08:38.320]  of the transportation code.
[01:08:38.320 --> 01:08:47.440]  The courts know this, the prosecutors know this, the cops know this, the higher courts
[01:08:47.440 --> 01:08:55.680]  know this, and ladies and gentlemen, they don't care.
[01:08:55.680 --> 01:09:01.780]  It has to remain business as usual, why?
[01:09:01.780 --> 01:09:09.960]  Because if it ever, ever came to light what was being done to the general public, not
[01:09:09.960 --> 01:09:21.200]  only would the state lose $9 billion a year in extorted, robbed revenue, gotten under
[01:09:21.200 --> 01:09:28.840]  fraudulent pretenses no less, but it would be grounds to hang every one of these sorry
[01:09:28.840 --> 01:09:38.920]  SOBs before sunrise and they know it.
[01:09:38.920 --> 01:09:46.280]  I don't want to be the person that has to partake or advocate the use of force or violence
[01:09:46.280 --> 01:09:54.400]  in any way, shape or form, but I cannot help but remember exactly what John F. Kennedy
[01:09:54.400 --> 01:09:57.640]  said about this situation.
[01:09:57.640 --> 01:10:05.000]  He who makes peaceful resolution impossible makes violent revolution inevitable.
[01:10:05.000 --> 01:10:11.840]  And folks, when the courts have abdicated their duty to dispense justice and protect
[01:10:11.840 --> 01:10:16.920]  the rights of the people from government intrusion and incursion rather than allying themselves
[01:10:16.920 --> 01:10:21.360]  with the other departments of government to increase their overall power and authority
[01:10:21.360 --> 01:10:30.880]  beyond any means we the people ever authorized and allowed, what are our options?
[01:10:30.880 --> 01:10:43.520]  When the very system established to protect us from it becomes united against us, what
[01:10:43.520 --> 01:10:49.760]  recourse is left us to bring it back under our control?
[01:10:49.760 --> 01:10:57.400]  Got to think about that because every single day the ability to regain that control peacefully
[01:10:57.400 --> 01:11:02.840]  gets farther and farther away toward the horizon.
[01:11:02.840 --> 01:11:10.100]  And folks, when it's eclipsed by that horizon, we're done.
[01:11:10.100 --> 01:11:11.840]  You better start thinking about this.
[01:11:11.840 --> 01:11:14.920]  You better start getting in some representative's faces.
[01:11:14.920 --> 01:11:18.280]  You better start kicking some political butt in your towns.
[01:11:18.280 --> 01:11:24.520]  You better get control of your local governments and the people in it.
[01:11:24.520 --> 01:11:32.320]  Start blackballing their businesses when they do things that violate constitutional principles,
[01:11:32.320 --> 01:11:35.960]  ethics, morality, and your rights.
[01:11:35.960 --> 01:11:38.840]  They own a car dealership, stop buying their dad-blamed cars.
[01:11:38.840 --> 01:11:41.320]  They own a grocery store, stop shopping there.
[01:11:41.320 --> 01:11:45.000]  They own anything, stop doing business with them.
[01:11:45.000 --> 01:11:50.280]  Talk to other business owners and refuse to do business with them in those establishments.
[01:11:50.280 --> 01:11:52.600]  Nope, sorry.
[01:11:52.600 --> 01:11:54.280]  You and your family are blackballed.
[01:11:54.280 --> 01:11:55.760]  I won't sell you groceries.
[01:11:55.760 --> 01:11:57.000]  I won't sell you gas.
[01:11:57.000 --> 01:11:58.280]  I won't sell you a car.
[01:11:58.280 --> 01:11:59.960]  I won't sell you anything.
[01:11:59.960 --> 01:12:01.300]  You're done here.
[01:12:01.300 --> 01:12:03.080]  You do not represent my interest.
[01:12:03.080 --> 01:12:09.000]  I'll be damned if I'm going to help you in any way at all because you sold me out and
[01:12:09.000 --> 01:12:13.460]  I owe you nothing.
[01:12:13.460 --> 01:12:17.480]  Every business owner has the right to refuse service of any kind or product services of
[01:12:17.480 --> 01:12:20.040]  any kind to any customer.
[01:12:20.040 --> 01:12:23.920]  Isn't that the way it works?
[01:12:23.920 --> 01:12:26.680]  So let's do something about this.
[01:12:26.680 --> 01:12:29.080]  Make it hurt.
[01:12:29.080 --> 01:12:34.320]  Make them feel what you've got to say and make them understand you're not putting up
[01:12:34.320 --> 01:12:38.120]  with it anymore because I'm not.
[01:12:38.120 --> 01:12:39.600]  I'm here to tell you I'm not.
[01:12:39.600 --> 01:12:41.320]  I'm here to tell them I'm not.
[01:12:41.320 --> 01:12:47.240]  I am stuck in Austin because this is where those very people gather.
[01:12:47.240 --> 01:12:55.400]  The only reason I'm here because I hate living in cities with a passion, but I'm here.
[01:12:55.400 --> 01:13:00.800]  I gave up everything to be here so I could get in these people's faces and tell them
[01:13:00.800 --> 01:13:03.840]  you don't know what the hell you're doing.
[01:13:03.840 --> 01:13:11.960]  And if you do, then you know it's criminal, which makes you criminally culpable.
[01:13:11.960 --> 01:13:18.440]  Now that I know it, I'm going to make sure all of my fellow people know it.
[01:13:18.440 --> 01:13:26.640]  And I'm calling you out on it right here, right now to do something.
[01:13:26.640 --> 01:13:28.360]  Get in your legislator's face.
[01:13:28.360 --> 01:13:30.260]  Get in your county commissioner's face.
[01:13:30.260 --> 01:13:33.000]  Get in your city councilman's face.
[01:13:33.000 --> 01:13:35.840]  Tell them that you don't work for them.
[01:13:35.840 --> 01:13:38.420]  You are not subject to them.
[01:13:38.420 --> 01:13:42.200]  They are subject to you.
[01:13:42.200 --> 01:13:46.960]  It's the only way we're going to fix this because there is no top down.
[01:13:46.960 --> 01:13:52.440]  We're going to have to go bottom up.
[01:13:52.440 --> 01:13:53.800]  Keep that in mind.
[01:13:53.800 --> 01:13:55.200]  All right.
[01:13:55.200 --> 01:13:58.840]  On that note, we shall begin taking callers.
[01:13:58.840 --> 01:14:01.280]  And Jonathan in Pennsylvania was first.
[01:14:01.280 --> 01:14:03.280]  Jonathan, we got three minutes to break.
[01:14:03.280 --> 01:14:04.280]  What do you got?
[01:14:04.280 --> 01:14:12.960]  Yeah, I just want to do a call in and recap on something that I called in a couple months
[01:14:12.960 --> 01:14:20.400]  ago about my wife getting pulled over and how I was arrested for, you remember who I
[01:14:20.400 --> 01:14:21.400]  am?
[01:14:21.400 --> 01:14:22.400]  Yes.
[01:14:22.400 --> 01:14:23.400]  Okay.
[01:14:23.400 --> 01:14:32.920]  Well, you had advised me to do some depositions with the police officers and get some video
[01:14:32.920 --> 01:14:37.440]  footage and all that from squad cars, the body cams and all.
[01:14:37.440 --> 01:14:38.440]  Yep.
[01:14:38.440 --> 01:14:43.160]  Well, I didn't want to waive any rights by filing anything into the record.
[01:14:43.160 --> 01:14:49.600]  I just did a little bit of research in the statute.
[01:14:49.600 --> 01:14:56.000]  What I did was I filed a motion to dismiss and a challenge of jurisdiction.
[01:14:56.000 --> 01:15:01.680]  I was waiting on doing all the things that you had advised me to do.
[01:15:01.680 --> 01:15:08.800]  I'm really unfamiliar with when to do things and how to do things.
[01:15:08.800 --> 01:15:15.440]  I'm just a little apprehensive about the whole thing because I don't want to do anything
[01:15:15.440 --> 01:15:16.440]  that's wrong.
[01:15:16.440 --> 01:15:22.560]  They're going to find me guilty based on a technicality or something.
[01:15:22.560 --> 01:15:29.560]  Well, the thing is you can't do this planning on winning at the trial level.
[01:15:29.560 --> 01:15:32.920]  The system is rigged against you at that level.
[01:15:32.920 --> 01:15:35.600]  Winning at trial level is virtually impossible.
[01:15:35.600 --> 01:15:40.400]  They will do anything and everything to win at the trial level and you need to understand
[01:15:40.400 --> 01:15:43.160]  that from the get go.
[01:15:43.160 --> 01:15:50.760]  What you put in is intended to make the record for your appeal always.
[01:15:50.760 --> 01:15:55.520]  As far as when you do something, well, you need to know what the local rules of court
[01:15:55.520 --> 01:16:00.440]  are and you need to know what the procedural rules are for whatever type of case it is,
[01:16:00.440 --> 01:16:03.720]  civil or criminal.
[01:16:03.720 --> 01:16:06.920]  You've got to follow whatever timelines are laid out there.
[01:16:06.920 --> 01:16:16.000]  Now, let me ask you if they allow you to file a motion to dismiss or failure to plea and
[01:16:16.000 --> 01:16:20.080]  that's a pretrial motion and you're going to waive that motion if you file any other
[01:16:20.080 --> 01:16:23.840]  kind of documents that proceed into the trial.
[01:16:23.840 --> 01:16:30.800]  No, no, no, you're going to do that if you proceed into anything that argues the merits.
[01:16:30.800 --> 01:16:34.640]  Arguing a challenge to jurisdiction is not merits.
[01:16:34.640 --> 01:16:41.160]  Okay, so anything you put in just don't argue merits.
[01:16:41.160 --> 01:16:46.360]  All right, Jonathan, hang on, we're going to go to break and I'll pick you up when we
[01:16:46.360 --> 01:16:47.360]  get back, okay?
[01:16:47.360 --> 01:16:48.360]  All right.
[01:16:48.360 --> 01:16:51.360]  All right, Tom, Elizabeth, I see you all there.
[01:16:51.360 --> 01:16:52.360]  Please hang on.
[01:16:52.360 --> 01:16:53.360]  We'll pick you up when we get back.
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[01:18:59.880 --> 01:19:16.680]  This is the Logos Logos Radio Network.
[01:19:16.680 --> 01:19:38.840]  All right, folks.
[01:19:38.840 --> 01:19:39.840]  We are back.
[01:19:39.840 --> 01:19:45.040]  Rule of Law Radio with your host, Eddie Craig, and we are talking to Jonathan in Pennsylvania.
[01:19:45.040 --> 01:19:46.920]  Jonathan, please continue.
[01:19:46.920 --> 01:19:51.680]  All right, so my question is, you say you don't want to argue merits.
[01:19:51.680 --> 01:20:00.920]  In my motion, I did go to some statement of fact, some things that, from my point of view,
[01:20:00.920 --> 01:20:02.960]  way things actually happen.
[01:20:02.960 --> 01:20:03.960]  Okay.
[01:20:03.960 --> 01:20:06.960]  Meaning what?
[01:20:06.960 --> 01:20:12.200]  What facts did you discuss?
[01:20:12.200 --> 01:20:14.440]  Pretty much all the facts.
[01:20:14.440 --> 01:20:20.400]  All the facts of the allegations against you, or the facts of generally what occurred?
[01:20:20.400 --> 01:20:21.400]  What occurred.
[01:20:21.400 --> 01:20:22.400]  Okay.
[01:20:22.400 --> 01:20:27.600]  So you didn't make any argument of fact relating to the charges against whoever?
[01:20:27.600 --> 01:20:33.680]  Well, I suppose I did.
[01:20:33.680 --> 01:20:38.320]  If you did, then you've already done the thing you didn't want to do.
[01:20:38.320 --> 01:20:39.320]  Okay.
[01:20:39.320 --> 01:20:45.800]  The officer claimed that I was resisting a public officer, and I did make some references
[01:20:45.800 --> 01:20:47.800]  to that in my motion.
[01:20:47.800 --> 01:20:54.120]  So I suppose that I've already started arguing merits.
[01:20:54.120 --> 01:21:03.480]  Well, what I did was, okay, I went to court, and when I got to court, the prosecutor stood
[01:21:03.480 --> 01:21:04.480]  up at 9 o'clock.
[01:21:04.480 --> 01:21:10.360]  That's when we were all to be there, and he said to all of us, I'm going to call roll
[01:21:10.360 --> 01:21:13.360]  call, and there's only three ways you can answer this.
[01:21:13.360 --> 01:21:16.360]  Guilty, not guilty, or you say your lawyer's name.
[01:21:16.360 --> 01:21:19.360]  Say anything else, and call fail.
[01:21:19.360 --> 01:21:22.920]  So I'm sitting here thinking, well, I don't want to say any one of those things.
[01:21:22.920 --> 01:21:24.920]  I'm not here to plead.
[01:21:24.920 --> 01:21:25.920]  Exactly.
[01:21:25.920 --> 01:21:31.240]  So when he called my name, I said what you said to say.
[01:21:31.240 --> 01:21:34.680]  I said, I am here by special experience to balance the jurisdiction of the court, and
[01:21:34.680 --> 01:21:37.960]  then I moved it all to the record.
[01:21:37.960 --> 01:21:39.360]  And he says call failed.
[01:21:39.360 --> 01:21:43.080]  He muttered that under his breath and told me to have a seat.
[01:21:43.080 --> 01:21:47.400]  And it wasn't until like 3 o'clock, 3.30, and after everybody else had already gone
[01:21:47.400 --> 01:21:49.680]  out of the courtroom, that he finally called my name up front.
[01:21:49.680 --> 01:21:52.240]  So I come to the front, and now they-
[01:21:52.240 --> 01:21:54.720]  Now you said the prosecutor's the one doing this?
[01:21:54.720 --> 01:21:57.720]  He's the one doing this, yes, sir.
[01:21:57.720 --> 01:21:58.720]  Okay.
[01:21:58.720 --> 01:22:06.760]  All right, so I go to the front, and the judge asks me if I'm going to hire an attorney
[01:22:06.760 --> 01:22:08.600]  rep for the case.
[01:22:08.600 --> 01:22:12.240]  And I told her that I'm going to handle this myself.
[01:22:12.240 --> 01:22:22.280]  She told me to step around and sign an affidavit waiver, counsel, which I went ahead and did.
[01:22:22.280 --> 01:22:25.880]  And then she asked me if I'm willing to go ahead and settle this matter.
[01:22:25.880 --> 01:22:26.880]  I said no.
[01:22:26.880 --> 01:22:34.400]  And of course, the prosecutor and the judge kind of like, you know, took in a breath and
[01:22:34.400 --> 01:22:35.400]  held it in for a second.
[01:22:35.400 --> 01:22:39.560]  Like they were like kind of surprised a little bit, and I said, look, I filed something into
[01:22:39.560 --> 01:22:43.000]  the record, and what I filed was on a Monday.
[01:22:43.000 --> 01:22:44.000]  This was on a Wednesday.
[01:22:44.000 --> 01:22:50.080]  So this was like two days later, for three days, that I filed something into the record
[01:22:50.080 --> 01:22:51.520]  and I'd really like to have that heard.
[01:22:51.520 --> 01:22:54.280]  She said, well, what did you file?
[01:22:54.280 --> 01:22:57.480]  Well, I filed a motion since.
[01:22:57.480 --> 01:23:01.080]  And she said, okay, she asked the fraud skitter, do you have a copy of this?
[01:23:01.080 --> 01:23:04.200]  And I said, well, look, I've got a copy of it if he doesn't.
[01:23:04.200 --> 01:23:05.200]  Well, he did.
[01:23:05.200 --> 01:23:06.200]  He handed it to her.
[01:23:06.200 --> 01:23:09.200]  She kind of fanned through a little bit.
[01:23:09.200 --> 01:23:12.960]  I said, she said, well, we normally handle this all during the trial.
[01:23:12.960 --> 01:23:15.240]  And I said, well, these are pre-trial motions.
[01:23:15.240 --> 01:23:17.240]  I prefer to have them heard before trial.
[01:23:17.240 --> 01:23:21.120]  He says, all right, what the heck, you know.
[01:23:21.120 --> 01:23:28.000]  So she motions me back around through the front of the room, you know, and starts to
[01:23:28.000 --> 01:23:29.000]  read through it.
[01:23:29.000 --> 01:23:35.080]  And she's looking at it, and she's basically kind of thinking like, well, this doesn't
[01:23:35.080 --> 01:23:36.080]  really make sense.
[01:23:36.080 --> 01:23:39.960]  Okay, you cited some general statutes in here, and it's like, okay, you know, she starts
[01:23:39.960 --> 01:23:40.960]  reading the general statutes.
[01:23:40.960 --> 01:23:45.520]  But she's like, but she asked the prosecutor, do you have the magistrate's order, right?
[01:23:45.520 --> 01:23:47.520]  If the motion is dismissed, we'll tell you to flee.
[01:23:47.520 --> 01:23:48.520]  He looks at the magistrate's order.
[01:23:48.520 --> 01:23:52.600]  She says, well, it doesn't fail to flee, and I said, well, if you'll look down at paragraph
[01:23:52.600 --> 01:23:57.880]  38, you'll see that it was determined that there was no probable cause.
[01:23:57.880 --> 01:24:07.280]  And so, and in order to flee correctly, a foreign statement, let's see how that goes,
[01:24:07.280 --> 01:24:13.840]  something about a foreign statement for, to show that there is probable cause has to be
[01:24:13.840 --> 01:24:16.240]  on the record, you know.
[01:24:16.240 --> 01:24:20.560]  And at that point, she's, and okay, look, and the prosecutor's just sitting there like
[01:24:20.560 --> 01:24:24.840]  a bump on the law, like kind of leaning back in his chair with his hands folded behind
[01:24:24.840 --> 01:24:28.680]  his head, like, like, you don't know what's up, or I don't know what's going on down,
[01:24:28.680 --> 01:24:29.680]  you know.
[01:24:29.680 --> 01:24:34.280]  Like I say, this whole thing's new to me, 2 plus 2 plus 4, I don't, I have no clue what
[01:24:34.280 --> 01:24:35.280]  that looks like.
[01:24:35.280 --> 01:24:40.320]  I'm like a three-year-old in this courtroom, you know, because I've read the criminal procedure,
[01:24:40.320 --> 01:24:50.280]  and according to 15A1101, says that procedure in a trial court is in accordance with procedure
[01:24:50.280 --> 01:24:51.280]  in superior court.
[01:24:51.280 --> 01:24:58.720]  Now, all of the rules written in 15A, which is the Criminal Procedure Act, talk about
[01:24:58.720 --> 01:25:00.800]  procedure in superior court.
[01:25:00.800 --> 01:25:06.520]  So the way that I read it is it's saying that the procedure in district court is the same
[01:25:06.520 --> 01:25:08.640]  as in superior court.
[01:25:08.640 --> 01:25:12.560]  Yeah, the process and proceeding should be the same as what that's saying.
[01:25:12.560 --> 01:25:13.560]  Okay.
[01:25:13.560 --> 01:25:22.880]  So what they're trying to do is railroad me through, I mean, obviously, I mean, I'm getting
[01:25:22.880 --> 01:25:27.800]  an initial appearance right here, I'm getting the appearance where, you know, they inform
[01:25:27.800 --> 01:25:33.800]  me of my rights, so on, you know, and they establish who I am, and if I have an attorney
[01:25:33.800 --> 01:25:37.000]  and so on, and they're going to try to get a plea from me.
[01:25:37.000 --> 01:25:43.520]  Now, according to procedure, my next case or the next hearing is supposed to be a probable
[01:25:43.520 --> 01:25:44.520]  cause here.
[01:25:44.520 --> 01:25:50.360]  Now, at the end of this hearing, I'm not sure if I should have objected, I don't believe
[01:25:50.360 --> 01:25:51.720]  this is on the record.
[01:25:51.720 --> 01:25:56.480]  So I'm not sure exactly what all is entered into the record, you know, as it stands.
[01:25:56.480 --> 01:26:02.720]  Well, you need a copy, you're going to need a copy of any transcript that exists for anything.
[01:26:02.720 --> 01:26:06.040]  Was there a court reporter present, or was it just the three of you, or the two, three
[01:26:06.040 --> 01:26:07.040]  of you?
[01:26:07.040 --> 01:26:15.840]  It was the three of us, along with other witnesses in the court, and then there was a court clerk.
[01:26:15.840 --> 01:26:20.720]  I did not see him recording anything, I don't know that he had, they had an audio recording
[01:26:20.720 --> 01:26:26.640]  going or anything like that, you know.
[01:26:26.640 --> 01:26:31.560]  And does the rules of Pennsylvania allow any party or the judge to request that a record
[01:26:31.560 --> 01:26:32.560]  be made?
[01:26:32.560 --> 01:26:45.440]  This is actually in North Carolina, and the rules state, and like I said, in 15A1101,
[01:26:45.440 --> 01:26:50.080]  one second, let me pull it up real quick, real quick.
[01:26:50.080 --> 01:26:55.640]  All right, it says, trial procedure in district court is in accordance with the provisions
[01:26:55.640 --> 01:27:01.320]  of subchapter 12, trial in spirit of court, except for provisions one, relating to jury
[01:27:01.320 --> 01:27:08.560]  trial two, requiring recordation of proceedings unless it's by the applicability to the district
[01:27:08.560 --> 01:27:09.560]  court.
[01:27:09.560 --> 01:27:16.160]  Now, when I stood up and moved at the court, be on the record, that all proceedings be
[01:27:16.160 --> 01:27:21.680]  on the record, would that be a requiring of recordation of proceedings?
[01:27:21.680 --> 01:27:26.160]  Well, I mean, that's you requesting it, that's what I'm asking.
[01:27:26.160 --> 01:27:30.920]  Does the statute specifically say that they're not required to make a record unless one party
[01:27:30.920 --> 01:27:35.600]  or the judge requests it?
[01:27:35.600 --> 01:27:42.920]  And if you did request it and they didn't, is there recourse for that?
[01:27:42.920 --> 01:27:48.360]  Well, looking into that further, I have been looking for that because I really want this
[01:27:48.360 --> 01:27:50.640]  to be on the record, you know.
[01:27:50.640 --> 01:27:57.120]  And so, I mean, I've read the Criminal Procedure Act probably two dozen times, you know, word
[01:27:57.120 --> 01:28:00.480]  for word, just on through and through and through.
[01:28:00.480 --> 01:28:06.520]  And I cannot find anything that pertains to any kind of recording whatsoever in there.
[01:28:06.520 --> 01:28:12.280]  And I've also done, you know, search for it, I just can't find it.
[01:28:12.280 --> 01:28:20.400]  Now, I do have a couple more questions, real quick, about their duty, okay.
[01:28:20.400 --> 01:28:28.320]  Now, this motion was filed three days before, is it the district court judge, is it the
[01:28:28.320 --> 01:28:33.800]  judge's duty to review my motion before we come to the hearing?
[01:28:33.800 --> 01:28:38.840]  Well, not necessarily before, but they are required to be aware of the arguments that
[01:28:38.840 --> 01:28:42.680]  are in it and the law that supports whatever those arguments are.
[01:28:42.680 --> 01:28:48.520]  But the problem is, is what they're doing in most courts these days in every state,
[01:28:48.520 --> 01:28:52.320]  is the judge is doing the prosecutor's job for them.
[01:28:52.320 --> 01:28:56.960]  Rather than the prosecutor having to make an argument against what you've asserted
[01:28:56.960 --> 01:29:01.800]  in the motion, the judge just sits up there and finds a way to make the motion go away
[01:29:01.800 --> 01:29:06.600]  on his own, and thus not really requiring the prosecutor to do anything.
[01:29:06.600 --> 01:29:11.640]  See, and that's exactly what happened in the case where I was helping a friend of mine
[01:29:11.640 --> 01:29:12.640]  in court.
[01:29:12.640 --> 01:29:17.200]  The judge was the one that was arguing about, well, I don't see where it says blah, blah,
[01:29:17.200 --> 01:29:18.200]  blah, or blah, blah, blah.
[01:29:18.200 --> 01:29:24.000]  When it was right there in front of him the whole time, he just refused to see it.
[01:29:24.000 --> 01:29:26.320]  But the prosecutor wasn't really arguing anything.
[01:29:26.320 --> 01:29:30.040]  The judge was doing it all for him.
[01:29:30.040 --> 01:29:33.840]  So you're getting double teams, whether you realize it or not.
[01:29:33.840 --> 01:29:34.840]  Right.
[01:29:34.840 --> 01:29:35.840]  All right.
[01:29:35.840 --> 01:29:39.200]  Now, and what's the district attorney's duty in this matter?
[01:29:39.200 --> 01:29:44.280]  Well, his duty is to do the prosecution, but he's not doing it because the judge is doing
[01:29:44.280 --> 01:29:45.280]  it.
[01:29:45.280 --> 01:29:46.280]  Hang on, Johnston.
[01:29:46.280 --> 01:29:47.280]  We've got one more break here.
[01:29:47.280 --> 01:29:48.280]  All right.
[01:29:48.280 --> 01:29:50.280]  After this one, though, I'm going to have to cut you short and take some other callers,
[01:29:50.280 --> 01:29:51.280]  okay?
[01:29:51.280 --> 01:29:52.280]  We'll be right back.
[01:29:52.280 --> 01:29:53.280]  All right, folks.
[01:29:53.280 --> 01:29:54.280]  Y'all hang in there.
[01:29:54.280 --> 01:30:04.320]  Listen up, Mom and Dad.
[01:30:04.320 --> 01:30:08.720]  Ditch those cigarettes and stop waiting up, if you care about your kids' brains, that
[01:30:08.720 --> 01:30:09.720]  is.
[01:30:09.720 --> 01:30:13.520]  I'm Dr. Catherine Albrecht, and I'll have the details on a new study on the dangers
[01:30:13.520 --> 01:30:17.000]  of secondhand smoke right after this.
[01:30:17.000 --> 01:30:18.720]  Privacy is under attack.
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[01:32:54.680 --> 01:33:13.680]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:13.680 --> 01:33:34.120]  All right, folks.
[01:33:34.120 --> 01:33:37.800]  We are back and we are still talking to Jonathan of Pennsylvania.
[01:33:37.800 --> 01:33:41.600]  All right, Jonathan, let's see if we can wrap this up.
[01:33:41.600 --> 01:33:50.240]  All right, real quick, does the District Attorney have the duty to follow up on a verified allegation
[01:33:50.240 --> 01:33:53.720]  against the magistrate that is standing inside a motion?
[01:33:53.720 --> 01:33:58.360]  Well, what does the Criminal Procedure Code say his duty is in relation to that?
[01:33:58.360 --> 01:34:00.840]  Here in Texas, absolutely.
[01:34:00.840 --> 01:34:03.640]  In North Carolina, I don't know.
[01:34:03.640 --> 01:34:04.640]  Okay.
[01:34:04.640 --> 01:34:06.640]  All right.
[01:34:06.640 --> 01:34:12.600]  I'm working on filing some subpoenas with the Federal Superior Court.
[01:34:12.600 --> 01:34:21.680]  Now, I forgot to get a certificate of service notarized, but I do have a verification claiming
[01:34:21.680 --> 01:34:22.680]  that, you know...
[01:34:22.680 --> 01:34:26.480]  Well, you don't need to notarize certificates of service.
[01:34:26.480 --> 01:34:31.440]  You need to notarize the document, not the service.
[01:34:31.440 --> 01:34:36.120]  The service can just...you just need a stamp or a signature from somebody to whom you served
[01:34:36.120 --> 01:34:38.800]  it for that to be verified.
[01:34:38.800 --> 01:34:39.800]  That's it.
[01:34:39.800 --> 01:34:44.800]  But as far as the pleading itself, that you want to notarize to make it a verified pleading.
[01:34:44.800 --> 01:34:47.800]  That'll get verified.
[01:34:47.800 --> 01:34:48.800]  Yeah.
[01:34:48.800 --> 01:34:49.800]  Okay.
[01:34:49.800 --> 01:34:50.800]  All right.
[01:34:50.800 --> 01:34:51.800]  Okay.
[01:34:51.800 --> 01:35:00.880]  And also, real quick, do I have...I'm filing a complaint against the magistrate for criminal
[01:35:00.880 --> 01:35:06.560]  affairs with the district court judge, so do I have any kind of a complaint against
[01:35:06.560 --> 01:35:11.600]  the district court judge who presided over the hearing that I went through, and do I
[01:35:11.600 --> 01:35:13.080]  have any complaint against him?
[01:35:13.080 --> 01:35:14.080]  I don't know.
[01:35:14.080 --> 01:35:17.920]  You'd have to see what he was required to do and didn't do.
[01:35:17.920 --> 01:35:19.760]  All right.
[01:35:19.760 --> 01:35:25.640]  If you can show that the statutes or law required him to do something that he didn't or refused
[01:35:25.640 --> 01:35:31.320]  to do, and it violated a right that you had, then you've got it.
[01:35:31.320 --> 01:35:32.320]  That's what you need.
[01:35:32.320 --> 01:35:33.320]  Okay.
[01:35:33.320 --> 01:35:34.320]  All right, Eddie.
[01:35:34.320 --> 01:35:35.320]  I appreciate you.
[01:35:35.320 --> 01:35:36.320]  And you keep up the good work, man.
[01:35:36.320 --> 01:35:37.320]  I really appreciate you.
[01:35:37.320 --> 01:35:38.320]  You're welcome.
[01:35:38.320 --> 01:35:39.320]  And good luck, man.
[01:35:39.320 --> 01:35:40.320]  All right.
[01:35:40.320 --> 01:35:41.320]  Thank you.
[01:35:41.320 --> 01:35:42.320]  All right.
[01:35:42.320 --> 01:35:43.320]  Bye-bye.
[01:35:43.320 --> 01:35:44.320]  All right.
[01:35:44.320 --> 01:35:47.320]  Now, we're going to go to Tom in Texas.
[01:35:47.320 --> 01:35:50.320]  Tom, what can we do for you?
[01:35:50.320 --> 01:35:58.680]  I'll give you the facts, it's regarding a parking ticket.
[01:35:58.680 --> 01:35:59.680]  Okay.
[01:35:59.680 --> 01:36:06.440]  My daughter came out to her automobile, which is registered in my name, and there was a
[01:36:06.440 --> 01:36:15.680]  parking citation on it from the Harris County Constable, Precinct 4, and it was for parked
[01:36:15.680 --> 01:36:20.360]  at an angle where not permitted.
[01:36:20.360 --> 01:36:24.240]  It does have incomplete information as far as the address.
[01:36:24.240 --> 01:36:32.920]  It states a general block number in the street, but no city and state.
[01:36:32.920 --> 01:36:36.320]  Now...
[01:36:36.320 --> 01:36:41.840]  Is there something on the citation that says the city and state and or county where it
[01:36:41.840 --> 01:36:47.840]  was issued?
[01:36:47.840 --> 01:36:48.840]  No, it does not.
[01:36:48.840 --> 01:36:52.760]  It talks about the court location, which is in Spring, Texas.
[01:36:52.760 --> 01:36:57.600]  But it doesn't say Constable, Precinct, such and such, such and such, county?
[01:36:57.600 --> 01:37:02.160]  It just says Harris County Constable 4.
[01:37:02.160 --> 01:37:03.160]  Okay.
[01:37:03.160 --> 01:37:04.160]  There you go.
[01:37:04.160 --> 01:37:07.920]  Harris County, 4th Precinct.
[01:37:07.920 --> 01:37:08.920]  Okay.
[01:37:08.920 --> 01:37:12.640]  But now, is he alleging parking on...
[01:37:12.640 --> 01:37:13.640]  But you don't know where?
[01:37:13.640 --> 01:37:17.560]  It just says parked at an angle where not permitted.
[01:37:17.560 --> 01:37:18.560]  Okay.
[01:37:18.560 --> 01:37:26.200]  Now, I assume he's referring to 545-303A of the transportation code, which would not apply
[01:37:26.200 --> 01:37:30.840]  to my daughter's automobile or mine as it's registered in my name.
[01:37:30.840 --> 01:37:31.840]  My name's on the ticket.
[01:37:31.840 --> 01:37:39.320]  It refers to an operator and the vehicle, which is...I'm not an operator and it's not
[01:37:39.320 --> 01:37:40.320]  a vehicle.
[01:37:40.320 --> 01:37:41.320]  Okay.
[01:37:41.320 --> 01:37:43.600]  Well, but here's the other thing.
[01:37:43.600 --> 01:37:49.040]  First off, if you were not the one in the car, then you can't be the one charged.
[01:37:49.040 --> 01:37:50.040]  That's the problem.
[01:37:50.040 --> 01:37:55.840]  Now, are these citations civil or criminal or how are they dealt with there?
[01:37:55.840 --> 01:38:03.720]  Well, when I called to get court information, the court clerk said it's a Class C misdemeanor.
[01:38:03.720 --> 01:38:12.000]  However, the wording on the citation says, if you fail to pay or satisfy judgment, order
[01:38:12.000 --> 01:38:17.120]  and blah, blah, blah, you may be denied renewal of your driver's license.
[01:38:17.120 --> 01:38:20.240]  Most of the parking citations are entirely civil.
[01:38:20.240 --> 01:38:23.000]  Don't trust the clerk to tell you what level of offense it is.
[01:38:23.000 --> 01:38:24.000]  Look it up.
[01:38:24.000 --> 01:38:25.000]  Right.
[01:38:25.000 --> 01:38:30.800]  Now, the fine, it appears, is going to be less than $100 and it seems I heard you say
[01:38:30.800 --> 01:38:32.120]  that...
[01:38:32.120 --> 01:38:33.120]  That's for appeal.
[01:38:33.120 --> 01:38:34.120]  Yeah.
[01:38:34.120 --> 01:38:36.440]  That's for an appeal.
[01:38:36.440 --> 01:38:44.600]  But in any case, if you found the statute, this is actually in a state statute, which
[01:38:44.600 --> 01:38:47.420]  normally there isn't going to be one in relation to parking.
[01:38:47.420 --> 01:38:49.220]  That's usually local.
[01:38:49.220 --> 01:38:54.080]  But if you actually found a place in the state statute, then it should tell you what classification
[01:38:54.080 --> 01:38:55.520]  of offense it is.
[01:38:55.520 --> 01:39:00.040]  If it does not say it's an offense, it's not an offense.
[01:39:00.040 --> 01:39:01.040]  Okay.
[01:39:01.040 --> 01:39:03.360]  Good point.
[01:39:03.360 --> 01:39:04.360]  Okay.
[01:39:04.360 --> 01:39:08.280]  Now, here's the other problem, the guilt by ownership thing.
[01:39:08.280 --> 01:39:13.360]  They're trying to charge you even though you were not the one in the car.
[01:39:13.360 --> 01:39:18.720]  Second problem is, if it is civil, then it's entirely administrative because who gets to
[01:39:18.720 --> 01:39:25.400]  determine the issue of the parking violation?
[01:39:25.400 --> 01:39:27.360]  Where are they telling you to appear on it?
[01:39:27.360 --> 01:39:34.960]  Telling me to appear at the justice of the JP court position, court number four.
[01:39:34.960 --> 01:39:35.960]  Okay.
[01:39:35.960 --> 01:39:38.960]  The JP has civil jurisdiction, municipal courts don't.
[01:39:38.960 --> 01:39:43.800]  Now, here's the thing, even if you have to go in and fight this on merits, here's what
[01:39:43.800 --> 01:39:49.600]  they're going to have to have for actual evidence in order to get an actual conviction.
[01:39:49.600 --> 01:39:51.840]  Since your name is the one on the ticket, you're the one who's going to have to fight
[01:39:51.840 --> 01:39:55.600]  it, not your daughter.
[01:39:55.600 --> 01:40:00.000]  If you have to go to merits, first thing is he better have taken photographs of the car
[01:40:00.000 --> 01:40:05.800]  and the alleged angle, and then he needs to specify exactly how it violates whatever statute
[01:40:05.800 --> 01:40:08.480]  it allegedly violated.
[01:40:08.480 --> 01:40:12.880]  Unless he actually takes angle measurements and things of that to show that it does not
[01:40:12.880 --> 01:40:20.520]  comply with same, then it's going entirely by his opinion and not by the statute or evidence.
[01:40:20.520 --> 01:40:25.920]  Since his opinion is inadmissible, that's not an offense.
[01:40:25.920 --> 01:40:35.280]  So he has to be able to prove up his case, and I'm going to bet they can't.
[01:40:35.280 --> 01:40:38.760]  But in any case, what exactly is it you want to do?
[01:40:38.760 --> 01:40:43.960]  Well, I guess I want to know is if you think if it's less than $100, is it really worth
[01:40:43.960 --> 01:40:46.680]  my time to do this?
[01:40:46.680 --> 01:40:55.280]  I guess that's up to me, but I don't- Well, the thing is the statute deals with whether
[01:40:55.280 --> 01:41:04.120]  or not on the appeal, if the judgment is less than $100, I don't know how they could do
[01:41:04.120 --> 01:41:05.120]  that.
[01:41:05.120 --> 01:41:11.800]  If I don't have any opportunity to appeal the judgment, then because the fine itself
[01:41:11.800 --> 01:41:18.400]  is set lower than $100, there's nothing in the statute that deals with that.
[01:41:18.400 --> 01:41:21.800]  So make a constitutional challenge to it so it can get heard.
[01:41:21.800 --> 01:41:25.960]  Make a constitutional challenge that it's a bill of pains and penalties, because then
[01:41:25.960 --> 01:41:27.200]  you can get the appeal.
[01:41:27.200 --> 01:41:29.440]  So constitutionally challenge it regardless.
[01:41:29.440 --> 01:41:36.760]  Okay, yeah, I looked at your red light script and trying to draw some similarities, but
[01:41:36.760 --> 01:41:40.040]  yeah, I can see what you're saying there.
[01:41:40.040 --> 01:41:45.360]  Yeah, challenge it as an unconstitutional bill of pains and penalties because it's administrative
[01:41:45.360 --> 01:41:46.840]  and not judicial.
[01:41:46.840 --> 01:41:54.200]  If they try to argue that it was heard by a JP, then they have failed to produce what
[01:41:54.200 --> 01:42:00.040]  alleged statute you violated and where is the actual offense parked at an angle not
[01:42:00.040 --> 01:42:01.040]  allowed?
[01:42:01.040 --> 01:42:04.560]  Did you actually find a statute that says that?
[01:42:04.560 --> 01:42:11.840]  Well, I guess the one they're going to use is because the right-hand wheels of the vehicle
[01:42:11.840 --> 01:42:18.480]  were not parallel to and within 18 inches of the right-hand curve or edge of the roadway,
[01:42:18.480 --> 01:42:29.480]  which really I think it's a left-hand turn, a 90-degree turn, but the elbow of the turn
[01:42:29.480 --> 01:42:36.280]  is carved out in a gigantic circle, almost like a semi cul-de-sac, and people park there
[01:42:36.280 --> 01:42:43.160]  at angles all the time because it does not block the cars driving around the corner.
[01:42:43.160 --> 01:42:50.800]  So it's really, and he may be doing it to me because I had a complaint against one of
[01:42:50.800 --> 01:42:59.280]  their officers because of the way he was parked on the tollway shooting radar.
[01:42:59.280 --> 01:43:05.880]  So maybe they just ran the tag and said, okay, well, we got his name, let's do something.
[01:43:05.880 --> 01:43:06.880]  Okay.
[01:43:06.880 --> 01:43:09.600]  Well, you can make that part of your allegation for the dismissal.
[01:43:09.600 --> 01:43:18.080]  Now, should I still go in and challenge the fact that they have not proved I'm an operator
[01:43:18.080 --> 01:43:21.560]  or a vehicle or a- No, that's going to merits.
[01:43:21.560 --> 01:43:26.200]  You simply put in the affidavit not in gazing transportation or commercial use of the highways,
[01:43:26.200 --> 01:43:32.240]  file your motion to dismiss special appearance, and so on and so forth, okay?
[01:43:32.240 --> 01:43:33.240]  Administrative court also.
[01:43:33.240 --> 01:43:35.680]  You do that in administrative court also?
[01:43:35.680 --> 01:43:36.680]  You do it always.
[01:43:36.680 --> 01:43:37.680]  Okay.
[01:43:37.680 --> 01:43:38.680]  Okay.
[01:43:38.680 --> 01:43:39.680]  That's what I needed to know.
[01:43:39.680 --> 01:43:40.680]  Thanks, Eddie.
[01:43:40.680 --> 01:43:41.680]  Yeah, Tom.
[01:43:41.680 --> 01:43:42.680]  Very good.
[01:43:42.680 --> 01:43:43.680]  Thanks for calling in.
[01:43:43.680 --> 01:43:44.680]  All right, Elizabeth, hang on.
[01:43:44.680 --> 01:43:45.680]  We'll pick you up when we get back.
[01:43:45.680 --> 01:43:46.680]  Kev, John, if we got time, we'll get to you.
[01:43:46.680 --> 01:43:47.680]  I'll see what I can do.
[01:43:47.680 --> 01:43:48.680]  Y'all hang on, folks.
[01:43:48.680 --> 01:44:00.360]  This is Rule of Law Radio, and we'll be right back.
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[01:46:21.360 --> 01:46:22.360]  All right, folks.
[01:46:22.360 --> 01:46:23.360]  We are back.
[01:46:23.360 --> 01:46:28.960]  This is Rule of Law Radio, and now we're going to go to Elizabeth in New Mexico.
[01:46:28.960 --> 01:46:31.120]  Elizabeth, what can we do for you?
[01:46:31.120 --> 01:46:32.120]  Hello, Eddie.
[01:46:32.120 --> 01:46:33.120]  Thanks for taking my call.
[01:46:33.120 --> 01:46:34.120]  Hello.
[01:46:34.120 --> 01:46:35.120]  Sure.
[01:46:35.120 --> 01:46:37.680]  Sorry to have you on hold so long there, but we got to you.
[01:46:37.680 --> 01:46:39.720]  What can we do for you?
[01:46:39.720 --> 01:46:47.800]  I received a traffic citation for no seatbelt here in New Mexico, and it has a fine of
[01:46:47.800 --> 01:46:56.960]  $80 up to $300, and then since I told them I wanted to fight it, and so they sent me
[01:46:56.960 --> 01:47:02.280]  a paper that's a parent plea and waiver form.
[01:47:02.280 --> 01:47:04.280]  Waiver of what?
[01:47:04.280 --> 01:47:07.080]  Well, all sorts of things.
[01:47:07.080 --> 01:47:13.200]  One of them, it says that I'm signing that I received a copy of the complaint, even though
[01:47:13.200 --> 01:47:18.680]  I've only received a copy of the citation, and then it also says I give up my right to
[01:47:18.680 --> 01:47:26.920]  personally appear before a McKinley County Magistrate Court for arraignment.
[01:47:26.920 --> 01:47:31.140]  I wouldn't sign any of that and say I shall not be waiving any rights for any purpose
[01:47:31.140 --> 01:47:32.140]  or any reason.
[01:47:32.140 --> 01:47:38.000]  That's what I thought, and then on the paper, and also I looked up in the court manual,
[01:47:38.000 --> 01:47:40.760]  it says that I must plea, so.
[01:47:40.760 --> 01:47:41.760]  No.
[01:47:41.760 --> 01:47:42.760]  No, no, no.
[01:47:42.760 --> 01:47:43.760]  No, no, no.
[01:47:43.760 --> 01:47:47.200]  No one can make you plea.
[01:47:47.200 --> 01:47:54.760]  Entering a plea constitutes a waiver of rights, and no one can make you waive rights.
[01:47:54.760 --> 01:48:05.320]  Okay, and then also it says in it that I have no right to a jury trial since it's, I looked
[01:48:05.320 --> 01:48:09.800]  it up and I found out that it's because it's calling for less than six months jail time,
[01:48:09.800 --> 01:48:10.800]  and so.
[01:48:10.800 --> 01:48:14.640]  No, no, no, sorry, it doesn't work that way either.
[01:48:14.640 --> 01:48:23.180]  They cannot sentence you to jail without a jury trial, no matter how long it's for.
[01:48:23.180 --> 01:48:27.240]  So you need to challenge that assertion on constitutionality alone.
[01:48:27.240 --> 01:48:30.440]  Okay, that's what I thought.
[01:48:30.440 --> 01:48:38.680]  All right, and then once again, the statute for the citation itself is a motor vehicle
[01:48:38.680 --> 01:48:39.880]  citation, which.
[01:48:39.880 --> 01:48:45.440]  It doesn't matter what the offense is alleged to be, they can't throw you in jail without
[01:48:45.440 --> 01:48:46.440]  representation.
[01:48:46.440 --> 01:48:47.440]  Okay.
[01:48:47.440 --> 01:48:52.480]  And they cannot do it without the right of a jury trial.
[01:48:52.480 --> 01:49:06.560]  Okay, so I will challenge that, and then it also says, in the thing it says that the citation,
[01:49:06.560 --> 01:49:12.760]  I guess the citation is the complaint, and when I looked it up in the statute, it says
[01:49:12.760 --> 01:49:18.360]  the citation is an unverified complaint.
[01:49:18.360 --> 01:49:21.440]  An unverified complaint is one that's not signed.
[01:49:21.440 --> 01:49:23.040]  You don't want one of those either.
[01:49:23.040 --> 01:49:27.960]  You demand a verified complaint.
[01:49:27.960 --> 01:49:31.040]  Okay.
[01:49:31.040 --> 01:49:36.040]  Okay.
[01:49:36.040 --> 01:49:42.040]  And do you have any other just directions or suggestions on which way?
[01:49:42.040 --> 01:49:46.040]  Study up on their procedure code.
[01:49:46.040 --> 01:49:50.160]  Find out what rules they're using to make the assertions of this is a waiver of rights,
[01:49:50.160 --> 01:49:53.960]  you can't have a jury trial, and challenge the constitutionality of those and what you
[01:49:53.960 --> 01:49:54.960]  plead.
[01:49:54.960 --> 01:49:55.960]  Okay, will do.
[01:49:55.960 --> 01:49:56.960]  Okay.
[01:49:56.960 --> 01:49:57.960]  All right, thank you very much.
[01:49:57.960 --> 01:49:58.960]  You're very welcome.
[01:49:58.960 --> 01:49:59.960]  Thanks for calling in.
[01:49:59.960 --> 01:50:00.960]  Hopefully, it was helpful.
[01:50:00.960 --> 01:50:01.960]  All right, thanks.
[01:50:01.960 --> 01:50:02.960]  All right, bye-bye.
[01:50:02.960 --> 01:50:03.960]  Bye.
[01:50:03.960 --> 01:50:04.960]  All right.
[01:50:04.960 --> 01:50:05.960]  Bye.
[01:50:05.960 --> 01:50:06.960]  All right.
[01:50:06.960 --> 01:50:07.960]  All right.
[01:50:07.960 --> 01:50:08.960]  Now we're going to go to Kev in Michigan.
[01:50:08.960 --> 01:50:09.960]  Kev, what can we do for you?
[01:50:09.960 --> 01:50:10.960]  Thanks for taking my call, Eddie.
[01:50:10.960 --> 01:50:11.960]  Sure.
[01:50:11.960 --> 01:50:12.960]  What's up, man?
[01:50:12.960 --> 01:50:33.960]  I haven't gotten around to file this motion for expedited, or what was it, well, anyway,
[01:50:33.960 --> 01:50:45.000]  I was telling you about a judge in Michigan that hadn't ruled on my case, and I was trying
[01:50:45.000 --> 01:50:50.680]  to get him to rule on my case, and he hasn't ruled on it.
[01:50:50.680 --> 01:50:57.880]  He sent me a letter saying that he hadn't entered judgment, but I'm receiving all types
[01:50:57.880 --> 01:50:58.880]  of threats.
[01:50:58.880 --> 01:51:08.320]  So I hadn't gotten around to... My last action of the court is for a motion to correct the
[01:51:08.320 --> 01:51:13.080]  record, and I filed that letter in with what he gave me.
[01:51:13.080 --> 01:51:19.600]  So I filed that motion in with what he gave me.
[01:51:19.600 --> 01:51:22.400]  So he has an answer to that motion.
[01:51:22.400 --> 01:51:27.880]  So I wanted to know, should I do a mandamus right now, or should I just...
[01:51:27.880 --> 01:51:34.000]  Well, you have to know what timeframe he's required to respond, or if he's required to
[01:51:34.000 --> 01:51:35.000]  respond.
[01:51:35.000 --> 01:51:39.880]  Normally, you file a motion, somebody's supposed to read it and tell you how they rule on it,
[01:51:39.880 --> 01:51:43.120]  and you don't let them get by without doing so.
[01:51:43.120 --> 01:51:49.120]  But the thing about it is, what are the rules that govern what they have to do?
[01:51:49.120 --> 01:51:52.880]  Find them and use them against this judge.
[01:51:52.880 --> 01:51:55.400]  Okay.
[01:51:55.400 --> 01:52:02.840]  So what about those letters that they send about the threats to arrest me if I don't
[01:52:02.840 --> 01:52:09.360]  pay this fine, and I got the judge saying that he never entered judgment?
[01:52:09.360 --> 01:52:11.360]  Send a letter of cease and desist.
[01:52:11.360 --> 01:52:14.840]  Notify them that there has been no adjudication of this issue.
[01:52:14.840 --> 01:52:20.020]  It is still to be tried.
[01:52:20.020 --> 01:52:22.800]  There is no judgment or conviction.
[01:52:22.800 --> 01:52:28.440]  If you attempt to in any way harm me or my credit, or to assault me in any way with arrest
[01:52:28.440 --> 01:52:33.960]  or anything else, you shall be liable to me for a claim under Title 18, United States
[01:52:33.960 --> 01:52:34.960]  Code.
[01:52:34.960 --> 01:52:35.960]  Title 18?
[01:52:35.960 --> 01:52:36.960]  Yep.
[01:52:36.960 --> 01:52:37.960]  Okay.
[01:52:37.960 --> 01:52:38.960]  Because...
[01:52:38.960 --> 01:52:39.960]  242 and 243.
[01:52:39.960 --> 01:52:40.960]  240.
[01:52:40.960 --> 01:52:55.280]  Well, I'm sorry, it's Title 42, Section 282 and 283.
[01:52:55.280 --> 01:52:56.280]  Title 42.
[01:52:56.280 --> 01:52:57.280]  Yeah.
[01:52:57.280 --> 01:53:03.480]  But the crimes they commit are under Title 18, and those are your grounds for the claims
[01:53:03.480 --> 01:53:05.520]  under Title 42.
[01:53:05.520 --> 01:53:06.520]  Okay.
[01:53:06.520 --> 01:53:14.120]  So, should I move to get this judge disqualified, or should I just...
[01:53:14.120 --> 01:53:20.840]  Again, you need to make sure what the judge is required to do, and then if he isn't doing
[01:53:20.840 --> 01:53:21.840]  it, absolutely.
[01:53:21.840 --> 01:53:22.840]  Okay.
[01:53:22.840 --> 01:53:29.840]  Because I really don't want to go to Novo, because I think they'll have the same evidence
[01:53:29.840 --> 01:53:39.120]  against me the first time, as... So, I got them overextended right now, but it's like
[01:53:39.120 --> 01:53:46.400]  I'm waiting on a dismissal, and I'm not getting it, so I'm trying to figure out, should I
[01:53:46.400 --> 01:53:56.840]  just go with the... Or see if this... Because what he's done already, he hasn't responded
[01:53:56.840 --> 01:54:00.760]  to any of my motions, and the only thing he sent me was one, so...
[01:54:00.760 --> 01:54:09.760]  Again, what is the timeframe that they are required to address filings?
[01:54:09.760 --> 01:54:15.080]  You got to look in the rules and find that out, and if he is not following them, then
[01:54:15.080 --> 01:54:17.720]  you send notice.
[01:54:17.720 --> 01:54:23.280]  Send it to him, send it to the US Attorney's office in your area, and notify them that
[01:54:23.280 --> 01:54:27.080]  you have a judge that's denying you access to the courts and violating your due process
[01:54:27.080 --> 01:54:28.080]  rights.
[01:54:28.080 --> 01:54:29.080]  Okay.
[01:54:29.080 --> 01:54:38.000]  All right, Eddie, I sure appreciate your help on this right here.
[01:54:38.000 --> 01:54:39.000]  Yes, sir.
[01:54:39.000 --> 01:54:40.000]  Well, good luck.
[01:54:40.000 --> 01:54:41.000]  Hope it works out.
[01:54:41.000 --> 01:54:42.000]  All right.
[01:54:42.000 --> 01:54:43.000]  Y'all bless you.
[01:54:43.000 --> 01:54:44.000]  You too, man.
[01:54:44.000 --> 01:54:45.000]  All right.
[01:54:45.000 --> 01:54:47.400]  Now, we're going to go to John in Colorado.
[01:54:47.400 --> 01:54:49.400]  John, what can we do for you?
[01:54:49.400 --> 01:54:51.760]  Eddie, thanks for taking the call.
[01:54:51.760 --> 01:54:56.000]  I was listening earlier about the person with the parking, and for those listening in Colorado,
[01:54:56.000 --> 01:54:59.120]  I have a parking issue, got a parking ticket, and I was reading the code, it's all municipal
[01:54:59.120 --> 01:55:05.160]  here, and they do assume guilt if it's registered in the name of the driver allegedly.
[01:55:05.160 --> 01:55:09.240]  What I did is I went to see what it would cost me to put the vehicle, the car, in a
[01:55:09.240 --> 01:55:14.880]  trust, and it turns out last year in Colorado, they changed it to no fee, so anybody in Colorado
[01:55:14.880 --> 01:55:19.880]  can just simply go to DMV and put their car in a trust, and it breaks that link, which
[01:55:19.880 --> 01:55:22.640]  can help prevent future hours spent on this issue.
[01:55:22.640 --> 01:55:23.640]  Okay.
[01:55:23.640 --> 01:55:32.600]  Then on to my question is I've got a district court, and I'm pro se, and there was a ruling,
[01:55:32.600 --> 01:55:37.840]  and it came back, and it was basically encrypted with a bunch of acronyms and things that I
[01:55:37.840 --> 01:55:41.800]  cannot find in Colorado revised statutes, nor Black Flaw Dictionary, nor the English
[01:55:41.800 --> 01:55:42.800]  Dictionary.
[01:55:42.800 --> 01:55:46.880]  They basically shortened everything so that I'm not exactly sure what it says, and I'm
[01:55:46.880 --> 01:55:48.360]  sure that attorneys understand that.
[01:55:48.360 --> 01:55:52.040]  I went to the court clerk, and they said, well, that's just the way they do it.
[01:55:52.040 --> 01:55:58.320]  So I filed them, and in Colorado, there's no writ, but they changed that with the Colorado
[01:55:58.320 --> 01:55:59.320]  revised statute.
[01:55:59.320 --> 01:56:06.720]  So I did file a motion to ask for a translator because I can't understand this, and I can't
[01:56:06.720 --> 01:56:07.720]  find these.
[01:56:07.720 --> 01:56:08.720]  They're not words.
[01:56:08.720 --> 01:56:12.360]  They're word fragments, and that was denied, of course.
[01:56:12.360 --> 01:56:15.600]  What should I look at doing at this point to try to get something that I can actually
[01:56:15.600 --> 01:56:16.600]  read?
[01:56:16.600 --> 01:56:23.240]  Well, send me what you're trying to read in an email so I can take a look at it, and we
[01:56:23.240 --> 01:56:28.760]  can kind of discuss that when I have a better frame of reference to answer that question.
[01:56:28.760 --> 01:56:32.880]  Because when you say something you can read, are you talking about it being illegible?
[01:56:32.880 --> 01:56:37.080]  Are you talking about being written in some codified language that you can't understand
[01:56:37.080 --> 01:56:38.080]  and interpret?
[01:56:38.080 --> 01:56:39.080]  Yeah, that's what I mean.
[01:56:39.080 --> 01:56:40.080]  It's in black and white.
[01:56:40.080 --> 01:56:46.000]  It was typed up, but what they did is that they shortened everything, and they used acronyms
[01:56:46.000 --> 01:56:49.960]  or just their shorthand that all the attorneys know.
[01:56:49.960 --> 01:56:55.480]  I don't know that, and I looked at these little shorthand sentence, these word fragments.
[01:56:55.480 --> 01:57:00.240]  They're not in Colorado revised statutes, so I would have to guess at what these sentences
[01:57:00.240 --> 01:57:01.240]  mean in there.
[01:57:01.240 --> 01:57:02.240]  I mean, I can see the letters.
[01:57:02.240 --> 01:57:06.760]  I can understand the letters, but it's not readable to a person of average intelligence,
[01:57:06.760 --> 01:57:11.680]  and I can't go look these up because they don't exist.
[01:57:11.680 --> 01:57:13.160]  Do you know any attorneys?
[01:57:13.160 --> 01:57:18.240]  Oh, yeah, I know attorneys, but I'm simply on my own here.
[01:57:18.240 --> 01:57:19.240]  No, no, no, no.
[01:57:19.240 --> 01:57:20.240]  I understand that.
[01:57:20.240 --> 01:57:25.360]  But if the attorney has something that translates all this stuff that he could provide you,
[01:57:25.360 --> 01:57:27.360]  that'd make it easier, right?
[01:57:27.360 --> 01:57:28.360]  Okay.
[01:57:28.360 --> 01:57:29.360]  Well, yes, it would.
[01:57:29.360 --> 01:57:32.280]  But essentially, I want the court to do their job also.
[01:57:32.280 --> 01:57:34.280]  Well, I agree.
[01:57:34.280 --> 01:57:40.520]  However, well, you can try to file something in a higher court directly to provide you
[01:57:40.520 --> 01:57:43.440]  with something that's intelligible and not written in code.
[01:57:43.440 --> 01:57:44.440]  Okay.
[01:57:44.440 --> 01:57:45.440]  All right?
[01:57:45.440 --> 01:57:49.680]  It's the best thing you're going to get without figuring it out for yourself, but you can
[01:57:49.680 --> 01:57:54.960]  definitely argue that it violates your right of due process for the code or for the courts
[01:57:54.960 --> 01:58:00.640]  and the attorneys to encode everything so that they're the only ones that can understand
[01:58:00.640 --> 01:58:01.640]  what's going on.
[01:58:01.640 --> 01:58:04.640]  That's definitely a due process violation.
[01:58:04.640 --> 01:58:09.640]  That's where I am right now, and that's the angle I want to take on this.
[01:58:09.640 --> 01:58:10.640]  All right.
[01:58:10.640 --> 01:58:11.640]  Ivan, I'm sorry, man.
[01:58:11.640 --> 01:58:12.640]  I don't have enough time to get to you.
[01:58:12.640 --> 01:58:13.640]  Thank you for trying to call me.
[01:58:13.640 --> 01:58:14.640]  And, no, I appreciate it.
[01:58:14.640 --> 01:58:15.640]  John, all the other callers, thank you all for calling in.
[01:58:15.640 --> 01:58:16.640]  This has been the Monday Night Rule of Law Radio Show.
[01:58:16.640 --> 01:58:17.640]  I've been your host, Eddie Craig.
[01:58:17.640 --> 01:58:18.640]  Thank you all for calling in.
[01:58:18.640 --> 01:58:19.640]  Thank you all for listening.
[01:58:19.640 --> 01:58:20.640]  I hope that everybody has a great and blessed week.
[01:58:20.640 --> 01:58:21.640]  Good night.
[01:58:21.640 --> 01:58:50.360]  God bless.
[01:58:50.360 --> 01:59:20.200]  Thank you.
[01:59:20.360 --> 01:59:26.480]  This translation is highly accurate and it comes with over 13,000 cross references, plus
[01:59:26.480 --> 01:59:30.360]  charts and maps and an outline for every book of the Bible.
[01:59:30.360 --> 01:59:32.900]  This is truly a Bible you can understand.
[01:59:32.900 --> 01:59:41.240]  To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:41.240 --> 01:59:52.000]  That's 888-551-0102, or visit us online at bfa.org.
[01:59:52.000 --> 01:59:53.000]  Looking for some truth?
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